Legislation on contraception and abortion for adolescents

Abstract

The serious health and social consequences of adolescent pregnancy call for the examination of the laws that affect adolescents' access to contraception and abortion. The general law of any country relating to the availability, sale, or distribution and financing of contraceptives affects adolescents. Similarly, a country's general law on abortion applies to adolescents faced with unwanted pregnancy and affects them accordingly. In addition, special legislation relating to adolescents, particularly legislation or court decisions concerning parental consent for contraception or abortion for a minor, has an important influence on the access that sexually active young people have to services.

PIP: The serious health and social consequences of adolescent pregnancy call for the examination of the laws that affect adolescents' access to contraception and abortion. The general law of any country relating to the availability, sale, or distribution and financing of contraceptives affects adolescents. Similarly, a country's general law on abortion applies to adolescents faced with unwanted pregnancy and affects them accordingly. 3 types of legislation affect general access to contraceptives: 1) legislation imposing a requirement for a doctor's prescription; 2) legislation imposing restrictions on the place of sale or distribution of contraceptives; and 3) legislation on the system of financing contraceptive services. In addition, there are 3 types of laws concerning contraceptive services for adolescents: 1) laws explicitly restricting contraception for minors; 2) laws limiting or deterring contraceptive services for adolescents by requiring parental consent; and 3) laws requiring provision of contraceptive services to minors. The definition of a minor varies among countries. Moreover, the minimum age may vary for different purposes, e.g., marriage, consensual sexual intercourse, criminal responsibility and legal majority. Statutes explicitly restricting contraception for minors, the requirement for parental consent, and legal policies authorizing adolescent contraceptive services are discussed in the context of both developed and developing countries and examples of more and less restrictive laws, given. Legislation and legal policy affecting abortion for adolescents are described with respect to 1) special provisions authorizing abortion for adolescents; 2) the issue of parental consent for abortion for minors; and 3) the availability of counseling and financing for minors' abortions. It is argued that the key issue relating to contraception and abortion for sexually active young people is physical and financial access to services and that legislation is important in assuring access. Access is also fostered by assuring adolscents of the confidentiality of contraceptive services and abortion where necessary.