Montana Supreme Court Strikes Down Parental Consent Law for Minors Seeking Abortion

Montana's Supreme Court ruled that requiring minors to obtain parental consent for an abortion violates the state constitution. This decision supports a legal challenge by Planned Parenthood. The law, passed in 2013 but never enacted, allowed a judicial waiver instead of parental consent. A separate parental notification law remains under legal review.

Montana's highest court ruled on Wednesday that a state law mandating minors to obtain parental consent for an abortion is unconstitutional, upholding a legal challenge by Planned Parenthood.

Justice Laurie McKinnon, speaking for the unanimous court, emphasized that "a minor's right to control her reproductive decisions is among the most fundamental of the rights she possesses" and noted that the state failed to demonstrate the law was necessary to protect minors. Martha Fuller, president of Planned Parenthood of Montana, praised the decision, affirming the right to privacy for Montanans.

Montana Attorney General Austin Knudsen's office did not respond to requests for comment. The 2013 law, challenged immediately upon enactment, allowed a minor to seek a judicial waiver instead of parental consent. Wednesday's ruling does not affect a separate 2013 law requiring parental notification, which is still under legal review. Montana's Supreme Court has recognized abortion rights under the state constitution since 1999, maintaining legal access to abortion until fetal viability despite recent national changes.

(With inputs from agencies.)