The Undue Burden: Parental Notification Requirements for Publicly Funded Contraception

37 Pages Posted: 19 Aug 2013 Last revised: 3 Aug 2017

See all articles by Stephanie Bornstein

Stephanie Bornstein

University of Florida Levin College of Law

Date Written: 2000

Abstract

This article analyzes the legal impact of legislative proposals in 1998 and 1999 to require parental notification for minors seeking publicly funded contraception. Part I explores the history of Title X and some of its amendments, the HHS interpretive “squeal rule,” and the federal courts' rejection of the HHS rule based on the congressional intent behind Title X. Part II focuses on the Parental Notification Act of 1998 and its likelihood for success against a constitutional challenge, based on an analysis of precedent on parental consent requirements for contraception and abortion. Part III discusses the change in the legislative and judicial vision of adolescent privacy rights over time, from a more expansive notion of adolescents as individuals with rights to a more restrictive notion of adolescents as children subject to their parents' rights. The article concludes by touching upon some other legal trends that reveal this narrowing view of minors' privacy rights, including an increase in statutory rape prosecution during the last decade.

Suggested Citation

Bornstein, Stephanie, The Undue Burden: Parental Notification Requirements for Publicly Funded Contraception (2000). Berkeley Journal of Gender, Law & Justice, Vol. 15, September 2000. Available at SSRN: https://ssrn.com/abstract=2311707

Stephanie Bornstein (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
13
Abstract Views
275
PlumX Metrics