Legal Basis of Teenage Pregnancy

Results: There is differentiated clinical care for contraception in adolescents over 14 years of age. This is due to the FA, in particular the Sexual Offences Act (19,927) and the Fertility Regulation Act (20,418). The differences relate to health care, access and advice on contraception and confidentiality. Health care for young people under the age of 14 is perceived as problematic because of the potential legal implications for providers. Similarly, a regulation enacted in 2002 under the requirements of the Health Insurance Portability and Accountability Act (HIPAA) technically refutes the long-standing presumption that minors, if they legally consent to medical care, can also expect their medical records to remain confidential. According to the regulation, minors will only check their medical records if states expressly allow them to do so. But if a state remains silent on the specific issue of medical records (as most of them do now), the health care provider may decide to maintain the confidentiality of those medical records or disclose them to a parent. For example, a state law granting minors the right to consent to reproductive health care no longer implicitly guarantees the confidentiality of their medical records. Nevertheless, it should be noted that the regulation explicitly states that it “does not intend to interfere with occupational requirements. or other codes of ethics of health care providers relating to the confidentiality of health information or the health practices of health care providers with respect to adolescent health care” (“New Medical Records Privacy Rule: The Interface with Teen Access to Confidential Care,” TGR, March 2003, page 6). An unplanned pregnancy is stressful and complicated for many reasons, especially for teenage mothers.

Even as a minor, you have several legal rights to make decisions for you and your baby. Our caring adoption specialists at Texas Adoption Center are here to help you make the right decision. Finding out they are pregnant is a sensitive and emotional moment for a teenage girl, her family and her sexual partner. Whatever they decide – becoming parents, creating an adoption or parenting plan, or having an abortion – it will likely have life-changing consequences. Creating an environment of acceptance for a pregnant teen allows them to feel safe by exploring their own feelings about pregnancy and their future. Dr. Wilson will want to look for a solution that includes both respect for Jennifer`s confidentiality and autonomy and the support and services she needs. Using motivational interviewing techniques, Dr. Wilson can further explore her pregnancy plans, her commitment to pregnancy, and the social and relational contexts of her decision-making.

Dr. Wilson may be able to work with Jennifer to postpone pregnancy until after a certain date – for example, high school diploma or reaching age 18. If a patient is accommodating, clinicians can provide access to long-acting reversible contraceptives (LARCs), which have better continuation rates and lower rates of subsequent pregnancy than other methods. Proponents of parental involvement laws argue that such requirements reduce teen abortion and pregnancy rates for two reasons. First, they argue that with their parents` guidance, more pregnant teens will prefer childbirth (and perhaps adoption) to abortion. Second, they claim that teenage girls who don`t want to talk to their parents about pregnancy in order to get an abortion will think twice before even having sex. Studies whose results seem to support these claims generally suffer from methodological problems. For example, a 2004 analysis by the Heritage Foundation concluded that parental involvement policies had led to a slight decline in abortion rates. However, the analysis ignores the possibility that some young people may have sought abortions in neighbouring states where laws are less restrictive. Similarly, a 1991 study published in AJPH concluded that teenage girls were required by law to avoid pregnancy because abortion rates and birth rates among 15- to 17-year-olds had declined in Minnesota.

This study appears to have failed to account for cases where one parent accompanied a girl to a neighboring state to obtain an abortion rather than notifying the other parent. In contrast, studies published in the AJPH in 1986 and the FPP in 1995 show that the number of abortions performed on minors in the states decreases significantly after the implementation of parental involvement laws, but the number of abortions performed in neighboring states increases accordingly. State legislators are increasingly interested in evidence-based policymaking, particularly to tackle difficult social issues. Evidence-based policy-making involves investing in approaches that have been rigorously evaluated and have yielded results. It is increasingly coming up against bipartisan support from legislators who are trying to invest scarce resources wisely. Teenage pregnancy is a notable example of a social problem that has been extraordinarily successful through evidence-based strategies. Out-of-pocket expenses for abortion services can be a barrier for pregnant adolescents and their families. Lack of money can lead to delays, which can lead to more complicated procedures during pregnancy. Sources of financial assistance may be available in your community or state. Deciding what to do next as a pregnant teenager can be stressful.

Nevertheless, it is important to choose the path that suits you best. Remember, no one can force you to abort, raise your baby, or give him up for adoption. Even if you are a minor, you have the right to make one of these decisions for yourself. The Teen Pregnancy Prevention Program (TPP), administered by the U.S. Department of Health and Human Services` Office of Adolescent Health (HHS), is one of the earliest examples of evidence-based policy-making at the federal level. Since 2010, the TPP has funded approximately 200 competitive grants to various organizations across the country working to reduce teenage pregnancy. The federal program emphasizes rigorous evaluation and high-quality evidence that a program is successful – whether the program focuses on delaying sex, avoiding risky behaviors, providing contraceptive information, or a combination of strategies. In this way, the TPP focuses on the results of a program on the specific content or lessons of the program. The rights of pregnant adolescents are the same as those of adults in terms of medical care and childbirth for adoption. According to the American Bar Association, Lassiter`s 1975 decision in the Department of Social Services case stated that parents had the right to custody and decision-making for their children.

What does that mean? Teen pregnancy is associated with potentially serious health risks and poor social, educational, and economic outcomes for teenage parents and their children [18, 19]. Best practices aim to delay sexual activity, particularly among young adolescents, while promoting effective contraceptive methods for adolescents who are or plan to be sexually active. However, unprotected sex is common among adolescents. Nearly half of U.S. high school students have had sex, with less than 60% of this group reporting using a condom the last time they had sex and less than 30% of sexually experienced college students reporting using contraceptives the last time they had sex [20]. While a teenage expressing a desire to conceive or disclose unprotected sex is something a clinician should address (and ideally encourage the patient to consider delay), this in itself does not increase into harm that would force Dr. Wilson to break confidentiality. American College of Obstetricians and Gynecologists: “The potential health risks to adolescents of not being able to access reproductive health services are so compelling that legal barriers and consideration of parental involvement should not stand in the way of necessary health care for patients seeking confidentiality. Therefore, laws and regulations that unduly restrict adolescents` confidential access to reproductive health care should be reviewed. (Access to reproductive health care for adolescents, 2003) Another possible solution that allows Dr. Wilson to respect patient confidentiality is to encourage Jennifer to use available resources and talk to others.

Has she talked to her parents or other trusted adults about her desire to get pregnant or how she would care for a child if she became pregnant? Although it can be a very difficult conversation when the teen broaches the topic, many families are willing to discuss teen sex and pregnancy, its consequences and prevention. Is Jennifer willing to talk to a counsellor or social worker who could at least help her prepare for pregnancy or, ideally, delay it? Marie A.