Parental Rights vs. A Child’s Rights

What happens when a parent’s right to consent to their child’s medical care conflicts with the child’s wishes? What role should a court have in deciding not only a question of parental consent, but notification?

These are all questions in the case Doe v. Chapman, which was decided in the Eighth Circuit in April 2022. This decision was appealed to the Supreme Court, which decided the case in March of 2023, with a single justice dissenting.

As an exampe, Ms. Doe is not only looking to get an abortion without her parent’s consent, but without them being aware of it either. Hence the issue with parental notification of the hearing. However, Ms. Doe is still a minor. That means not only is she unable to give consent, but her parents are legally responsible for her as well. Does this include any healthcare that might be required post-abortion? Or will they be ignorant of the fact that their daughter had an abortion, which could have serious medical consequences?

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