The legal rights of minors in the health care process II
Healey, J.M.
Connecticut Medicine 43(11): 751
1979
ISSN/ISBN: 0010-6178 PMID: 509951 Document Number: 143050
2 cases presented to the United States Supreme Court during the 1975-1976 term -- Planned Parenthood of Central Missouri v. Danforth and Bellotti v. Baird -- deal with the question of the rights of the minor woman. In the Planned Parenthood of Central Missouri V. Danforth case the Court rejected as unconstitutional a blanket provision requiring the consent of a parent or person "in loco parentis" before an abortion could be provided to an unmarried minor during the first 12 weeks of pregnancy. The Court did indicate that there were situations in which justification for the restriction of a minor's decision existed, but the Court did not delineate them. In the Bellotti v. Baird case Mr. Justice Powell pointed out that there are 3 primary reasons why the constitutional rights of children cannot be considered the same as adults in all circumstances: 1) the vulnerability of children and their need for protection; 2) their limited ability to make critical decisions in a mature manner; and 3) the importance of the parental role in the rearing of children. In the case J.L. v. Parham, the Supreme Court has rejected the claim of unqualified right by either parent or minor.