In a Win for Montanans, Court Strikes Down Parental Consent Law for Abortion Access

Today’s ruling affirms Montanans’ right to privacy

Helena, MT – Today, the Montana Supreme Court ruled that the Parental Consent for Abortion Act of 2013 is unconstitutional. While most young people voluntarily involve their parents in their decision to access abortion care, parental consent laws make it more difficult to access abortion care and can push it completely out of reach. Young Montanans are able to make many of their own medical decisions, including about prenatal and other pregnancy-related care, but Montana singled out abortion. 

As Justice McKinnon wrote, “We conclude that minors, like adults, have a fundamental right to privacy, which includes procreative autonomy and making medical decisions affecting his or her bodily integrity and health in partnership with a chosen health care provider free from governmental interest."

Statement from Martha Fuller, President and CEO of Planned Parenthood of Montana:

“This decision affirms the right to privacy and we are pleased that the Court upheld the fundamental rights of Montanans today. Montanans deserve the ability to make private medical decisions and have the ability to access abortion care if that is what is best for patients and families.”

These restrictions have been enjoined from enforcement since 2013. The ruling reaffirms that Montana’s Constitution guarantees each individual the right to make medical judgments free from governmental interference.

Planned Parenthood of Montana is represented by attorneys at Planned Parenthood Federation of America and Colton Holm, PLLC.

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Planned Parenthood is the nation’s leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation’s largest provider of sex education. With more than 600 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S.

Planned Parenthood of Montana (PPMT) is a leading statewide organization that provides the full range of reproductive health care services, including birth control and abortion, life-saving cancer screenings, STI and HIV prevention, trans health care, testing and treatment for STIs, breast health services, Pap tests, sexual health education, and mental health counseling. PPMT’s mission is to lead by providing, promoting, and protecting sexual and reproductive health care and education for all Montanans