Teen pregnancy & teen parent FAQs
One of our most popular questions on AsktheJudge concerns the legal rights and laws for pregnant teenagers and teen moms and dads. So we’re going to take this opportunity to highlight some of our frequently asked questions about this sensitive and important topic.
Does being pregnant or having a baby as a minor make me emancipated or legally free from my parents?
The short answer – no.
Photo by bradfordst219 (Flickr)
You are not considered emancipated or free from your parents just because you’re pregnant or after you have the baby. As a teen parent, you will have rights and responsibilities concerning the care of your baby, but you’re still a minor which means that your parents get to continue making decisions about your well being. This means that you cannot move out of your parents’ house against their wishes just because you’re pregnant.
If you and your parents are disagreeing about your pregnancy plans and/or how you would like to raise the baby, try talking to them. Let them know how you feel and what exactly you would like to see happen, where you would like to live, etc. If they are willing to let you live with someone else, or make other changes to make you happy at home, then there shouldn’t be a problem.
Can my parents force me to have an abortion or to give my baby up for adoption?
The short answer – no.
The U.S. Supreme Court decision of Roe v. Wade (and other subsequent decisions by the Court) not only stand for the right of a woman including a teenager to choose abortion, but also for the right to choose to have the baby. Your parents, or anyone else for that matter, cannot force you into having an abortion or placing your baby up for adoption. The choice is yours, and yours alone. However, one exception to this rule is if your life is in danger due to a medical emergency. If that were the case, your parents would have the right to permit an abortion against the your wishes.
Food for thought: Of course it’s going to be challenging to be such a young mother, but if you are ready to be a mom and want to take on the responsibility, you need to communicate that to your parents. Maybe they will see that you have thought it through and are being mature about the decision.
Photo by Courtney Carmody
Can I get an abortion without my parents finding out?
The short answer – yes (but you may need permission from a judge if not your parents).
Generally, all women have a right to privacy which includes the decision concerning a pregnancy. This constitutional right is not without limits. For example, states can impose restrictions or prohibit abortions outside of the first trimester. As for the issue of parental consent, a state may require either a parent or a court to consent to a minor’s abortion. So, if you feel you cannot go to your parents and ask for their consent, you may go through your state’s court and ask a judge to give you permission to abort.
In other words, neither your parents nor the father of the child has absolute veto power over your decision. Nor can your parents force you to have an abortion. Your privacy rights allow you to make the final decision.
*To find the specific abortion laws in your state, just click on your state at the link provided.
Can I get prenatal care without my parents knowing?
The short answer – yes.
The majority of states allow a minor to consent to medical treatment and prenatal care without the parents being informed. However, there are approximately a dozen or so states that allow a doctor to inform the parents about the prenatal care when they feel that it would be in the best interest of the minor. Click here to find the specific law in your state.
Photo by Joris Louwes
What about the father of the baby? What are my legal rights as a teen dad?
As the birth father of the child, you do have equal rights with the mother to custody and visitation with your child as well as the responsibility to support the child. If you and the mother of the baby are not together, we suggest you speak with your parents about this and possibly get together with the baby’s mother and her parents to work out a parenting plan/schedule if that’s an option. If an agreement cannot be reached, it may be necessary to consult a family lawyer who can explain to you your legal rights and how to protect them. Many family lawyers will give you a free consultation for the first 30-60 minutes. Also, many courts around the country have a Family Law Assistance Program where you may obtain free legal advice on these issues.
Being a pregnant teenager or a teen parent can be terrifying at times, but you don’t have to feel so alone. There are tons of people out there who can listen to you and provide support. If you feel that you can’t talk to your parents, we strongly encourage you to talk to another adult you trust like a relative, teacher or school counselor.
Other resources:
- If you are pregnant and confused and do not know what to do or where to turn for help, you can look into options counseling, which is offered by most professional health care providers. The purpose of this counseling is to discuss your options and topics like carrying your baby to term, abortion or adoption. You can search for a clinic near you through the SexEtc site below.
- SexEtc.org – Sex in the States is a state-by-state guide to teens’ rights to sex education, birth control and more.
- You can read here to learn more about the emancipation process if that is something you are interested in. Also, you can check out this site for more information about emancipation laws in your state. Take care of yourself and your baby.
Judge Tom discusses whether teen parents can leave home without their parent’s permission in the video below.
hello my name myla and im 14 years old and im pregnant i go to school and i plan to stay in school after my baby is born but theres some problems see my mother she wants to rasie my child until im out of collage but i wanna keep my child because i mean i carryed him for 9 months and i fell in love with my child me and his dad want to keep my baby but my mom says i have no rights to keep him because im 14 years old so plese im asking help me i wanna keep my child i dont wanna give him to my mother
Dear Myla: First, we hope you’re staying healthy for yourself and your baby. Since you’re a minor (under 18), the laws require that you listen to your parents, especially if you live with them and they provide for you. Having a baby doesn’t free you from their care or emancipate you as if you were an adult. It might be best for you and your mom to have a serious talk about the baby. Hopefully, you can reach an agreement where you share the responsibilities of the baby’s care. If you stay in school, she can watch the baby until you get home. Your life will definitely change with this new responsibility, but you can do it. Accept your mom’s help so you can become a good parent and eventually live your own life with your child. As a teen mom, you’ll need all the help you can get. Good luck.
(This is information only – not legal advice).
mine started at 3 weeks but im very sisniteve to my bod,also yeah its supposed to be different for everyone but it definitly cant happen before the first 2 weeks (i think it has something to do with the implantation)EDIT: i had nausia,and was totaly exausted all the time! and i kept getting really really sick to my tummy every time i smoked a cig.
Dear Riromia: Thank you for your comments. -ATJ.info
hi I live in Alabama and I was wondering if my mom had a legal right to take my baby if I was pregnant at 15 or 16
Dear Hanah: You are not considered emancipated or free from your parents just because you’re pregnant or after you have the baby. As a teen parent, you will have rights and responsibilities concerning the care of your baby, but you’re still a minor which means that your parents get to continue making decisions about your well being. That being said, it does not necessarily mean they can take your baby away from you once he/she is born. We strongly suggest you talk to an adult you trust about your concerns. It may be a teacher, school counselor, friend’s parent or another relative. Perhaps you could try talking to your Mom as well and let her know your plan for after the baby is born. Maybe she will realize that you have thought things through. Finally, the following link has quite a bit of information about your rights as pregnant teen as well as a teen mom (just click on your state). Good luck. (This is information only – not legal advice.)
Dear Pamela: We’re not sure which laws you are interested in concerning your niece’s pregnancy. Click here for some specific information for teens about their rights when it comes to pregnancy, sex ed, etc. in the state of Georgia. Good luck to your niece.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
my niece is going to have a baby at 15 what or the laws in ga about that?