Pregnancy and Birth

Generally, a person's decisions regarding their own pregnancy and the birth of their child are solely within their control. They can decide to be under a physician's care, or not, during the pregnancy. They can give birth at home or in the hospital. In some instances, they can choose whether to have a vaginal birth or a caesarean section. In any case, their rights during pregnancy and birth are firmly established.

If I am not a minor, are there any legal requirements I must meet in order to have an abortion?

Yes. A majority of states have laws that govern abortion. Many states require a mandatory waiting period of 24 hours or more after meeting with the doctor (and receiving counseling services if mandated) before an abortion will be performed.

Sidebar: Many of these laws are being challenged as unconstitutional and state laws are frequently changing in this area.

Is a parent's consent always required in order for a minor to obtain an abortion?

No. However, many states have laws requiring parental consent. Nearly all of the remainder of the states require parental notification before the abortion can be performed.

Can the biological father stop a woman from obtaining an abortion?

No. Someone who isn't carrying a child has no legal rights in the abortion decision. The other parent cannot stop a woman from having an abortion nor force them to have one, even if they are married.

Can I be arrested for taking illegal drugs during a pregnancy?

Yes. People who have substance abuse problems while pregnant have been arrested and convicted under child abuse laws for harming their unborn child. Additionally, you can always be arrested, pregnant or not, for possession of illegal drugs.

Am I required by law to take certain measure to ensure the health and safety of my unborn child?

No. There are no legal requirements that mothers-to-be must follow to protect and guarantee the health of an unborn child.

TIP: Even in states where mothers are prosecuted for abuse to unborn children, no requirements or duties are placed on the mother in caring for the unborn child's condition.

Can a hospital force me to undergo a caesarean section if the baby's life is in danger during labor?

No. Since an adult can refuse medical treatment, and the unborn child is still a part of the pregnant person (not a separate person), only the mother's wishes should be considered. For instance, a Jehovah's Witness can refuse a blood transfusion, even if the chances are great that they and/or their unborn child could die.

TIP: Because these cases usually arise in emergency circumstances and the court is called in to rule within hours on a life or death situation, the judge may side with the hospital and order the treatment. Caesarean sections have been ordered and performed over the objection of the mother.

Can a parent be prosecuted for leaving their baby at the hospital entrance?

Yes; however, some states have passed laws that allow the person to overcome the charge if the baby is less than 3 to 30 days old, depending on the state, and was taken to a designated safe place.

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