hodgson minnesota argued november decided june together minnesota et al hodgson et also certiorari subdivision stat provides abortion shall performed woman years age least hours parents notified notice requirement mandatory unless inter alia woman declares victim parental abuse neglect event notice declaration must given proper authorities subdivision provides enjoins enforcement subdivision notice requirement effective unless competent jurisdiction orders abortion proceed without notice upon proof minor mature capable giving informed consent abortion without notice parents best interest two days statute effective date group consisting doctors clinics pregnant minors mother pregnant minor filed suit district alleging statute violated due process equal protection clauses fourteenth amendment declared statute unconstitutional entirety enjoined enforcement appeals sitting banc reversed although rejected state submission subdivision notice requirement constitutional without bypass procedure held subdivision valid bypass procedure saved statute whole also rejected argument waiting period imposed significant burden minor abortion right held judgment affirmed affirmed justice stevens delivered opinion respect parts ii iv vii concluding subdivision violates constitution insofar requires notification pp since none abortion decisions dealing parental consent notification statutes focused possible significance making consent notice applicable parents instead one district extensive unchallenged findings question significant basis extensive trial testimony district found inter alia notification requirement particularly harmful effects minor custodial parent parents divorced separated especially context abusive dysfunctional family requirement also adverse effects families minor lives parents particularly family violence serious problem requirement actually impairs family communication many instances since minors otherwise inform one parent unwilling notification involve going bypass event minors take advantage abuse exception obligation report information authorities attendant loss privacy requirement state interests protecting pregnant minors assuring family integrity also found many cases statutory waiting period extended week scheduling considerations thereby increasing risk associated abortion statistically significant degree pp requirement parents notified whether wish notified assumed responsibility upbringing child reasonably legitimate state interest interest supporting authority parent presumed act minor best interest assure abortion decision knowing intelligent deliberate fully served notification requirement functioning families notice either parent normally constitute notice many families parent notified notify parent state legitimate interest questioning first parent judgment presuming incompetent make decisions regarding child health welfare moreover record demonstrates requirement actually disserves state interest protecting assisting minor respect thousands dysfunctional families affected statute requirement proved positively harmful merit argument requirement justified ideal family minor make decision consultation parents naturally concerned welfare state legitimate interest conforming family life ideal requiring family members talk together state interest protecting parent interest shaping child values lifestyle overcome liberty interests minor acting consent single parent combined force separate interest one parent minor privacy interest outweighs separate interest second parent justification rule requiring parental involvement abortion decision rests entirely best interests child fact requirement virtually oddity among state federal consent provisions governing childrens health welfare education demonstrates unreasonableness ease state adopt less burdensome means protect minor welfare pp justice stevens joined justice concluded parts vi three separate related interests relevant constitutionality waiting period notification requirement first state strong legitimate interest welfare young citizens whose immaturity inexperience lack judgment may sometimes impair ability exercise rights wisely interest justifies requirement minor notify consult parent terminating pregnancy see ohio akron center reproductive health post second parents interest controlling childrens education upbringing natural parent stake relationship child may rise level protected liberty interest parent demonstrated commitment assuming personal financial custodial responsibility child third family privacy interest childrens upbringing education constitutionally protected undue state interference government intrudes family choices governmental interests advanced extent served challenged regulation must carefully examined pp extent subdivision state statute requires minor wait hours notifying single parent intention obtain abortion reasonably furthers legitimate state interest ensuring minor decision knowing intelligent state may properly enact laws designed aid parent assumed primary responsibility minor wellbeing discharging responsibility delay provides parent opportunity consult spouse family physician inquire competency abortion doctor discuss decision religious moral implications minor provide needed guidance counsel decision affect future delay imposes minimal burden minor rights statute impose period delay parents acting loco parentis provide consent procedure moreover record reveals waiting period may run concurrently time necessary make appointment abortion pp justice concluded subdivision state statute notification plus judicial bypass passes constitutional muster interference family internal operation required subdivision notice requirement simply exist minor avoid notifying one parents using bypass procedure see planned parenthood central mo danforth justice kennedy joined chief justice justice white justice scalia concluded state statute waiting period necessary enable notified parents consult daughter physician wish results little delay therefore constitutional pp subdivision statute requires notification unless pregnant minor obtains judicial bypass constitutional creating judicial mechanism identify exempt strictures law cases minor mature parental notification best interest subdivision precisely addresses concern underlying invalidation subdivision possibility cases notification work benefit minors parents providing bypass moreover minnesota simply attempted fit legislation framework supplied previous cases particularly bellotti baird stands proposition consent law constitutional provides sufficient judicial bypass alternative see opinion powell white dissenting conclusion subdivision must sustained compelled bellotti also matheson held notice statute without bypass constitutional applied immature minors whose best interests served notice case law constitutional applied minors mature whose best interests served judicial bypass expeditious efficient means separate applications law constitutional pp stevens announced judgment delivered opinion respect parts ii iv vii brennan marshall blackmun joined opinion respect part iii brennan joined opinion respect parts vi joined dissenting opinion respect part viii filed opinion concurring part concurring judgment post marshall filed opinion concurring part concurring judgment part dissenting part brennan blackmun joined post scalia filed opinion concurring judgment part dissenting part post kennedy filed opinion concurring judgment part dissenting part rehnquist white scalia joined post janet benshoof argued cause petitioners respondents briefs rachel pine lynn paltrow kathryn kolbert john powell william pentelovitch rebecca palmer john tunheim chief deputy attorney general minnesota argued cause respondents petitioners briefs hubert humphrey iii attorney general catharine haukedahl solicitor general kenneth raschke assistant attorney general john galus special assistant attorney fn briefs amici curiae urging reversal filed american psychological association et al donald bersoff mark schneider league et al kenneth bialkin peggy kerr meyer eisenberg justin finger jeffrey sinensky steven freeman jill kahn livia thompson clarke forsythe kent masterson brown filed brief association american physicians surgeons amicus curiae urging affirmance briefs amici curiae filed solicitor general starr acting assistant attorney general schiffer deputy solicitor general merrill paul larkin stephen marzen steven valentine state louisiana et al william guste attorney general louisiana jenifer schaye meredith lieux assistant attorneys general jo ann levert thomas rayner robert corbin attorney general arizona william webster attorney general missouri ernest preate attorney general pennsylvania organizations support roe wade kathleen sullivan susan estrich barbara jordan estelle rogers american academy medical ethics joseph dellapenna american college obstetricians gynecologists et al carter phillips elizabeth esty ann allen stephan lawton laurie rockett joel klein american family association peggy coleman catholic league religious civil rights et al nancy gannon thomas strahan center population options et al john henn elliot institute social sciences research et al stephen kaufmann focus family et al robert showers knights columbus brendan sullivan kevin hasson carl anderson luthern synod philip draheim national right life committee james bopp catholic conference mark chopko representative christopher smith et al bopp members general assembly commonwealth pennsylvania maura quinlin philip murren individual members panel adolescent pregnancy childbearing committee child development research public policy hannah lieberman pamela anderson james joseph lynch pro se justice stevens announced judgment delivered opinion respect parts ii iv vii opinion respect part iii justice brennan joins opinion respect parts vi justice joins dissenting opinion respect part viii minnesota statute stat provides certain exceptions abortion shall performed woman years age least hours parents notified subdivisions statute notice mandatory unless attending physician certifies immediate abortion necessary prevent woman death insufficient time provide required notice parents consented writing woman declares victim parental abuse neglect event notice declaration must given proper authorities appeals eighth circuit sitting en banc unanimously held provision unconstitutional granted state petition review holding subdivision statute provides enjoins enforcement subdivision notice requirement shall effective unless pregnant woman obtains order permitting abortion proceed vote appeals upheld constitutionality subdivision granted plaintiffs petition review holding reasons follow conclude requirement notice pregnant minor parents reasonably related legitimate state interests subdivision unconstitutional different majority reasons stated separate opinions concludes subdivision constitutional accordingly judgment appeals entirety affirmed parental notice statute enacted amendment minors consent health services act earlier statute remains effect subdivision modified common law requirement parental consent medical procedure performed minors authorized ny minor give effective consent without parental involvement treatment pregnancy conditions associated therewith venereal disease alcohol drug abuse statute unlike others age applied abortion services amendment qualified authority unemancipated minor give effective consent abortion requiring either physician agent notify parent personally certified mail least hours procedure performed term parent defined subdivision mean parents pregnant woman living exception made divorced parent noncustodial parent biological parent never married lived pregnant woman mother statute provide however one parent living second one located reasonably diligent effort notice one parent sufficient also makes exceptions cases emergency treatment prior notice necessary prevent woman death parents already given consent writing proper authorities advised minor victim sexual physical abuse statute subjects person performing abortion violation terms criminal sanctions civil liability action brought person wrongfully denied notification subdivision authorizes judicial bypass notice requirement subdivision ever temporarily permanently enjoined judicial order pregnant minor convince judge competent jurisdiction mature capable giving informed consent proposed abortion abortion without notice parents best interest authorize physician proceed without notice statute provides bypass procedure shall confidential shall expedited minor right counsel shall afforded free access hours day seven days week order denying abortion appealed expedited basis order authorizing abortion without notification subject appeal statute contains severability provision include statement purposes minnesota attorney general advised us purposes apparent statutory text include recognition fostering relationships promoting counsel child difficult traumatic choice providing notice naturally concerned child welfare district found primary purpose legislation protect minors encouraging discuss parents decision whether terminate pregnancies also found legislature motivated desire deter dissuade minors choosing terminate pregnancies attorney general however disclaims reliance purpose ii litigation commenced july two days effective date parental notification statute plaintiffs include two minnesota doctors specialize obstetrics gynecology four clinics providing abortion contraceptive services metropolitan areas minnesota six pregnant minors representing class pregnant minors mother pregnant minor plaintiffs alleged statute violated due process equal protection clauses fourteenth amendment various provisions minnesota constitution based allegations verified complaint district entered temporary restraining order enjoining enforcement subdivision statute hearing entered preliminary injunction still remains effect app district refused however rule validity judicial bypass procedure advance trial trial district concluded notification requirement waiting period invalid concluded definition term parent carried notification requirement severable remainder statute declared entire statute unconstitutional enjoined defendants enforcing panel appeals affirmed first held compulsory notification requirement invalid provide pregnant minor option alternative procedure demonstrate either maturity performance abortion without notification best interests app pet cert second relying heavily findings district concerning impact notice requirement families parents divorced separated unmarried panel also concluded unconstitutional notification requirement saved judicial bypass reasoned mature minor custodial parent better position determine whether notifying noncustodial parent child best interests forced submit hobson choice unconstitutional notice requirement burdensome bypass panel held notice requirement severable panel opinion vacated appeals reheard case en banc unanimously summarily rejected state submission notice requirement constitutional without bypass procedure majority concluded however subdivision statute valid agreed district development full factual record may demonstrate facially valid statute unconstitutional operation detailed factual findings concerning general difficulties obtaining abortion minnesota trauma bypass procedure compared effectiveness raise considerable questions practical wisdom statute ibid majority opinion however questions legislature consider statute served valid state interests interest encouraging unmarried pregnant minor seek help advice parents making important decision whether bear child well independent interest parents upbringing children noting state challenge district findings concluded findings placed undue emphasis households even though notice requirement may interests pregnant minor cases rights mature minors nevertheless protected bypass procedure importantly applied pregnant minors regardless family circumstances district consider whether parental family interests distinguished interests minor alone justified notice requirement wrote district enjoined entire statute impact notice requirement primarily upon one group pregnant minors without considering effect bypass parental family interests recognized concentrating upon impact statute pregnant minor living parents mature non pregnant minor district gave limited consideration pregnant minors live parents pregnant minors immature whose best interests may require parental involvement district determination undue burden one group renders statute unconstitutional contrary decision procedure plainly serves important state interests narrowly drawn protect interests considering statute whole applied pregnant minors notice requirement unconstitutionally burden minor abortion right citation omitted dissent two members criticized majority ignoring evidence amassed trial relying judicial bypass procedure uphold unconstitutional notification requirement creating new right apparently constitutional dimension noncustodial parents receive notice minor children activities one dissenters joined third dissenter expressing opinion notification requirement withstand constitutional challenge granted certiorari iii natural difference men women women capacity bear children woman decision beget bear child component liberty protected due process clause fourteenth amendment constitution see harris mcrae carey population services international cleveland board education lafleur roe wade stewart concurring eisenstadt baird griswold connecticut white concurring judgment clause interpreted cases protects woman right make decisions independently privately see whalen roe free unwarranted governmental intrusion moreover potentially severe detriment facing pregnant woman see roe wade mitigated minority indeed considering probable education employment skills financial resources emotional maturity unwanted motherhood may exceptionally burdensome minor addition fact child brings adult legal responsibility parenthood like attainment age majority one traditional criteria termination legal disabilities minority sum situations denying minor right make important decision consequences grave indelible bellotti baird bellotti ii opinion powell cases involving abortion cases involving right travel right marry identification constitutionally protected interest merely beginning analysis state regulation travel marriage obviously permissible even though state may categorically exclude nonresidents borders shapiro thompson deny prisoners right marry turner safley regulation constitutionally protected decisions person shall reside shall marry must predicated legitimate state concerns disagreement choice individual made cf turner safley supra loving virginia abortion area state may obligation spend money use facilities subsidize nontherapeutic abortions minors adults see maher roe cf webster reproductive health services concurring part concurring judgment state value judgment favoring childbirth abortion may provide adequate support decisions involving allocation public funds simply substituting state decision individual decision woman right make otherwise interest liberty protected due process clause nullity state policy favoring childbirth abortion sufficient justification overriding woman decision placing obstacles absolute otherwise pregnant woman path abortion maher see also harris mcrae cases state minnesota rest defense statute value judgment indeed affirmatively disavows state interest basis upholding law moreover clear state judges interpreted statute decisions implementing bypass procedures found legislative intent disfavor decision terminate pregnancy contrary handful cases approved decisions minnesota statute unquestionably places obstacles pregnant minor path abortion state burden establishing constitutionality analysis minnesota statute sustained obstacles imposes reasonably related legitimate state interests cf turner safley carey population services international opinion powell doe bolton iv considered constitutionality statutes providing parental consent parental notification six abortion cases decided last years although massachusetts statute reviewed bellotti baird bellotti bellotti ii required consent parents utah statute reviewed matheson required notice parents none opinions cases focused possible significance making consent notice requirement applicable parents instead one contrast arguments cases well extensive findings district directed primarily distinction therefore appropriate summarize findings addressing constitutionality waiting period notification requirement particularly since none findings challenged either appeals approximately one every two marriages ends divorce unrebutted evidence indicates minors state minnesota reside biological parents ibid app conclusion substantially corroborated study indicating minors minnesota live neither parent live one parent district found basis extensive testimony trial notification requirement particularly harmful effects minor custodial parent parents divorced separated relations minor absent parent reestablished result forced notification thereby often producing disappointment minor anticipated reestablishment relationship absent parent id occur moreover reaction custodial parent requirement forced notification often one anger resentment frustration intrusion absent parent fear notification threaten custody rights parent otherwise promote violence tragically fears often realized involuntary involvement second biological parent especially detrimental minor comes abusive dysfunctional family notification minor pregnancy abortion decision provoke violence even parents divorced separated studies shown violence harassment may continue well beyond divorce especially children involved furthermore mother perception dysfunctional family violence father learns daughter pregnancy likely accurate perception twenty percent minors go either accompanied one parent knows consents abortion already told one parent intent terminate pregnancy vast majority voluntarily informed parents women divorced separated spouses seen years going avoid notifying parent burdens privacy minor accompanying parent custodial parents angry consent sufficient fear notification bring absent parent back family intrusive abusive way ibid minors ordinarily notify one parent may dissuaded requirement minor must go authorization event may elect tell either parent instances requirement minors notify biological parents actually reduces communication period august march judicial bypass petitions filed minnesota courts granted judges adjudicated petitions testified none identified positive effects law experience produced fear tension anxiety shame among minors causing mature whose best interests served abortion forgo bypass option either notify parents carry term finding among parents supported daughters bypass proceedings experience evoked similar reactions scheduling petitions minnesota typically required minors wait two three days hearings district found however statutory waiting period hours frequently compounded number factors commonly created delay hours many cases delay week effecting decision terminate pregnancy delay magnitude increased medical risk associated abortion procedure statistically significant degree finding recognizing mandatory delay following notice minor parent served state interest protecting pregnant minors found interest served shorter waiting period least witnesses testified issue whether statute furthered state interest protecting pregnant minors two witnesses testified notification statute minors good harm neither witnesses direct experience minnesota statute summarizing findings question whether statute whole furthered state interests district wrote remaining witnesses spoke issue whether stat effectuates state interest protecting pregnant minors four personally involved statute implementation minnesota judges public defenders guardians ad litem clinic counselors none witnesses testified statute beneficial effect upon minors affects testified law negligible effect upon communication upon minors decisionmaking process others testified statute deleterious effect wellbeing minors applies increases stress attendant abortion decision without creating corresponding benefit thus five weeks trial produced factual basis upon find stat whole furthers meaningful way state interest protecting pregnant minors assuring family integrity finds requirement places significant burden upon pregnant minors live parents particularly cases notification abusive even disinterested absent parent effect reintroducing parent disruptive unhelpful participation family time acute stress similarly notification requirement places significant obstacle path minors homes voluntarily consulted one parent fear psychological sexual physical abuse toward either minor notified parent either case alternative going seek authorization proceed without notifying second parent introduces traumatic distraction relationship parent minor notified anxiety attending either option tends interfere burden communication minor voluntarily initiated custodial parent indeed minors seeking judicial authorization proceed abortion without parental notification accompanied one parent least obtained approval one parent cases necessity either notify second parent despite agreement minor notified parent notification undesirable obtain judicial waiver notification requirement distracts minor parent disrupts communication thus need notify second parent make burdensome appearance actively interferes communication voluntarily initiated child communication assertedly heart state purpose requiring notification parents cases requiring notification parents affirmatively discourages communication three separate related interests interest welfare pregnant minor interest parents interest family unit relevant consideration constitutionality waiting period notification requirement state strong legitimate interest welfare young citizens whose immaturity inexperience lack judgment may sometimes impair ability exercise rights wisely see bellotti ii opinion powell prince massachusetts interest justifies requirements minor obtain parent consent undergoing operation marrying entering military service see parham planned parenthood central mo danforth white concurring part dissenting part opinion concurring part dissenting part extends also minor decision terminate pregnancy although held parents may exercise absolute possibly arbitrary veto decision danforth never challenged state reasonable judgment decision made notification consultation parent see ohio akron center reproductive health post akron akron center reproductive health matheson bellotti ii opinion powell danforth justice stewart joined justice powell pointed concurrence danforth little doubt state furthers constitutionally permissible end encouraging unmarried pregnant minor seek help advice parents making important decision whether bear child state legitimate interest creation dissolution marriage contract see sosna iowa maynard hill family privacy interest upbringing education children intimacies marital relationship protected constitution undue state interference see wisconsin yoder griswold connecticut goldberg concurring poe ullman harlan dissenting gilbert minnesota brandeis dissenting see also michael concurring part roberts jaycees cleveland board education lafleur family may assign one parent guide children education look health statist notion governmental power supersede parental authority cases parents abuse neglect children repugnant american tradition parham long held exists private realm family life state enter prince massachusetts thus government intrudes choices concerning arrangement household carefully examined governmental interests advanced extent served challenged regulation moore east cleveland plurality opinion brennan concurring see also meyer nebraska natural parent demonstrated sufficient commitment children thereafter entitled raise children free undue state interference justice white explained opinion stanley illinois frequently emphasized importance family rights conceive raise one children deemed essential meyer nebraska basic civil rights man skinner oklahoma ights far precious property rights may anderson cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder prince massachusetts integrity family unit found protection due process clause fourteenth amendment meyer nebraska supra equal protection clause fourteenth amendment skinner oklahoma supra ninth amendment griswold connecticut goldberg concurring vi think clear requirement minor wait hours notifying single parent intention get abortion reasonably legitimate state interest ensuring minor decision knowing intelligent held parent another person assumed primary responsibility minor wellbeing state may properly enact laws designed aid discharge responsibility ginsberg new york extent subdivision minnesota statute requires notification one parent brief waiting period provides parent opportunity consult spouse family physician permits parent inquire competency doctor performing abortion discuss religious moral implications abortion decision provide daughter needed guidance counsel evaluating impact decision future see zbaraz hartigan coffey dissenting aff equally divided delay imposes minimal burden right minor decide whether terminate pregnancy although district found scheduling factors weather minor school work commitments may combine many cases create delay week longer initiation notification abortion evidence period unreasonable longer appropriate adequate consultation parent child statute impose period delay parents acting loco parentis express agreement minor mature procedure best interest indeed appeals noted record reveals waiting period may run concurrently time necessary make appointment procedure thus resulting little delay vii equally clear requirement parents notified whether wish notified assumed responsibility upbringing child reasonably legitimate state interest usual justification parental consent notification provision supports authority parent presumed act minor best interest thereby assures minor decision terminate pregnancy knowing intelligent deliberate extent interest legitimate fully served requirement minor notify one parent seek counsel mate party advice support deemed necessary help child make difficult decision ideal family setting course notice either parent normally constitute notice statute requiring notification state interest instances many families however parent notified child notify parent cases state legitimate interest questioning one parent judgment notice parent assist minor presuming parent assumed parental duties incompetent make decisions regarding health welfare child notification fail serve state interest respect functioning families disserves state interest protecting assisting minor respect dysfunctional families record reveals thousands dysfunctional families affected statute notice requirement proved positively harmful minor family testimony trial established requirement ostensibly designed benefit minor resulted major trauma child often parent well cases parents divorced second parent custody otherwise participate child upbringing app circumstances privacy parent child violated even suffered physical psychological harm instances however second parent either deserted abused child died tragic circumstances notified considered judgment notification inflict unnecessary stress parent ill circumstances statute merely ineffectual achieving state goals actually counterproductive focus notifying second parent distracted parent minor minor imminent abortion decision state rely primarily best interests minor defending statute rather argues ideal family minor make decision consultation parents naturally concerned child welfare state interest protecting independent right parents determine strive believe best children br neither reasons justify notification requirement second parent may well interest minor abortion decision making full communication among members family desirable cases communication may decreed state state interest requiring family members talk one another requiring certain live together moore east cleveland invalidated zoning ordinance slic ed deeply family permitting city standardiz children adults forcing live certain narrowly defined family patterns although ordinance supported state interests state interest substituting conception family life family view ordinance relation state interests tenuous satisfy constitutional standards implication state interest standardizing children adults making private realm family life conform ideal legitimate state interest see also meyer nebraska right establish home bring children may interfered legislative action without reasonable relation purpose within competency state effect state interest protecting parent interest shaping child values lifestyle overcome liberty interests minor acting consent single parent see bellotti ii bellotti planned parenthood central mo danforth danforth majority identified state interest requiring parental consent safeguarding family unit parental authority held state interest insufficient support requirement mature minors receive parental consent summarily concluded ny independent interest parent may termination minor daughter pregnancy weighty right privacy competent minor mature enough become pregnant follows combined force separate interest one parent minor privacy interest must outweigh separate interest second parent bellotti bellotti ii also identified difference parental interests child best interest although district invalidated massachusetts statute review grounds permitted parent acting loco parentis refuse consent based parent interests state attorney general argued parental right consisted exclusively right assess independently minor child serve child best interest believed attorney general interpretation avoid substantially modify federal constitutional challenge ordered district certify question judicial massachusetts review second time judicial stated unambiguously good cause standard required judge grant consent abortion found minor best interest confirmed construction satisfied concerns statute constitutionality thereby avoided much objectionable statute successfully challenged danforth indeed constitutional defects justice powell identified statute failure allow minor found mature fully competent make abortion decision independently requirement parental consultation even abortion without notification minor best interests predicated assumption justification rule requiring parental involvement abortion decision rests entirely best interests child unsurprisingly minnesota notification requirement oddity among state federal consent provisions governing health welfare education children minor desiring enlist armed services reserve officers training corps rotc need obtain consent parent guardian consent parent guardian also sufficient obtain passport foreign travel department state cfr participate subject forms medical research cfr virtually every state consent one parent enough obtain driver license operator permit may said respect decision submit medical surgical procedure abortion indeed minnesota statute state identified requires consent authorizing minor change name tr oral arg reply brief petitioner citing stat statutes provide testimony unreasonableness minnesota notification requirement ease state adopt less burdensome means protect minor welfare cf clark jeter turner safley therefore hold requirement violates constitution viii holds constitutional objection notice requirement removed judicial bypass option provided subdivision minnesota statute respectfully dissent holding majority previously held statute requiring one parent consent minor abortion upheld state provides alternate procedure whereby pregnant minor may demonstrate sufficiently mature make abortion decision despite immaturity abortion best interests planned parenthood assn kansas city ashcroft opinion powell opinion indeed bellotti ii four members expressed opinion statute requiring consent parents see neither precedents control decision today bellotti ii eight members joined judgment holding massachusetts statute unconstitutional thus hold judicial bypass set forth statute valid held opposite moreover discussion minimum requirements valid judicial bypass justice powell opinion joined four members indeed neither arguments parties opinions case considered significant difference statute requiring involvement parents abortion decision statute merely requires involvement one thus doctrine stare decisis require standards articulated justice powell opinion applied statute mandates involvement parents unlike bellotti ii judgment ashcroft sustained constitutionality statute containing judicial bypass alternative requirement one parent consent minor abortion distinctions notice consent notification parents rather one arguably constitute sufficient response argument resting stare decisis analysis necessary however least surface consent requirement appear onerous requirement mere notice significance distinction statute requiring consent one parent statute requiring notice parents must tested relationship respective requirements legitimate state interests concluded state strong legitimate interest providing pregnant minor advice support parent decisional period general rule requiring minor obtain consent one parent reasonably furthers interest exception general rule necessary protect minor arbitrary veto motivated separate concerns parent rather best interest child cf parham need exception undermine conclusion general rule perfectly reasonable rule requiring consent either parent medical procedure surely reasonable exception made emergencies example parent might deny lifesaving treatment child religious grounds see reasons already set forth length rule requiring consent notification parents reasonably related state interest giving pregnant minor benefit parental advice state called attention aware medical situation minnesota elsewhere provision treatment child conditioned notice consent parents rather one indeed fact consent virtually uniform rule activity affects minor health safety welfare emphasizes aberrant quality notice requirement judicial bypass designed handle exceptions reasonable general rule thereby preserve constitutionality rule quite different requirement minor minor one parents must apply permission avoid application rule reasonably related legitimate state goals requirement minor acting consent parents apply permission effectuate decision clearly constitute unjustified official interference privacy minor family requirement bypass procedure must invoked minor one parent agree parent notified represents equally unjustified governmental intrusion family decisional process parents living together joint custody child state legitimate interest communication father mother child parents divorced minor custodial parent best position determine whether notifying noncustodial parent child best interests app pet cert appeals panel originally concluded minor custodial parent virtue major interest superior position alone opportunity decide anyone notice minor abortion decision given ibid citation omitted agree conclusion ordered footnotes minor may give effective consent medical mental health services determine presence treat pregnancy conditions associated therewith venereal disease alcohol drug abuse consent person required see haw rev stat mo rev stat supp see generally pilpel zuckerman abortion rights minors abortion society law walbert butler eds although statutory definition emancipation minnesota see streitz streitz app reason question state representation stat apply minor decision terminate pregnancy brief respondents sections provide minor living separate apart parents either married borne child may give effective consent medical services without consent person notification statute also applies woman guardian conservator appointed finding incompetency portion statute challenged case subdivision provides notwithstanding provisions section subdivision abortion operation shall performed upon unemancipated minor least hours written notice pending operation delivered manner specified subdivisions notice shall addressed parent usual place abode parent delivered personally parent physician agent lieu delivery required clause notice shall made certified mail addressed parent usual place abode parent return receipt requested restricted delivery addressee means postal employee deliver mail authorized addressee time delivery shall deemed occur noon next day regular mail delivery takes place subsequent mailing minnesota statute intrusive nation require parental participation minor decision terminate pregnancy make express participation one parent required additional three idaho tennessee utah require unmarried minor notify parents guardian specify whether parents refers either member parental unit whether notice one parent constitutes constructive notice see idaho code code ann supp utah code ann contrast arkansas require unmarried minor notify parents provides exceptions second parent located reasonably diligent effort parent whereabouts unknown parent contact minor custodial parent minor least one year parent guilty sexual abuse ark code ann supp delaware requires consent parents residing household minor living parents consent one parent sufficient del code ann tit illinois law require consent parent deserted family available rev ch kentucky requires unmarried minor obtain consent legal guardian parents available provides parents available consent available parent shall suffice rev stat ann michie massachusetts law unmarried minor need obtain consent one parent parent unavailable physician within reasonable time reasonable manner parents divorced parent custody mass laws mississippi law requires consent parent primary custody care control minor parents divorced unmarried living apart cases consent one parent parent available reasonable time manner miss code ann supp finally north dakota requires consent custodial parent parents separated divorced legal guardian minor subject guardianship cent code subdivision provides part purposes section parent means parents pregnant woman living one parent pregnant woman one living second one located reasonably diligent effort guardian conservator pregnant woman one subdivision provides notice shall required section attending physician certifies pregnant woman medical record abortion necessary prevent woman death insufficient time provide required notice abortion authorized writing person persons entitled notice pregnant minor woman declares victim sexual abuse neglect physical abuse defined section notice declaration shall made proper authorities provided section subdivision subdivision provides performance abortion violation section shall misdemeanor shall grounds civil action person wrongfully denied notification person shall held liable section person establishes written evidence person relied upon evidence sufficient convince careful prudent person representations pregnant woman regarding information necessary comply section bona fide true person attempted reasonable diligence deliver notice unable subdivision provides subdivision law ever temporarily permanently restrained enjoined judicial order subdivision shall enforced though following paragraph incorporated paragraph subdivision provided however temporary permanent restraining order injunction ever stayed dissolved otherwise ceases effect subdivision shall full force effect without modified addition following substitute paragraph shall force effect unless injunction restraining order effect pregnant woman elects allow notification one parents guardian conservator judge competent jurisdiction shall upon petition motion appropriate hearing authorize physician perform abortion said judge determines pregnant woman mature capable giving informed consent proposed abortion said judge determines pregnant woman mature pregnant woman claim mature judge shall determine whether performance abortion upon without notification parents guardian conservator best interests shall authorize physician perform abortion without notification said judge concludes pregnant woman best interests served thereby ii pregnant woman may participate proceedings behalf may appoint guardian ad litem shall however advise right appointed counsel shall upon request provide counsel iii proceedings section shall confidential shall given precedence pending matters may reach decision promptly without delay serve best interests pregnant woman judge conducts proceedings section shall make writing specific factual findings legal conclusions supporting decision shall order record evidence maintained including judge findings conclusions iv expedited confidential appeal shall available pregnant woman denies order authorizing abortion without notification order authorizing abortion without notification shall subject appeal filing fees shall required pregnant woman either trial appellate level access trial purposes petition motion access appellate courts purposes making appeal denial shall afforded pregnant woman hours day seven days week brief petitioner hereinafter minn br see also minnesota legislature several purposes mind amended stat primary purpose protect minors encouraging minors discuss parents decision whether terminate pregnancies encouraging discussion intended achieve several salutary results parents provide emotional support guidance thus forestall irrational emotional decisionmaking parents also provide information concerning minor medical history minor may aware parents also supervise care addition parents support minor psychological wellbeing thus mitigate adverse psychological sequelae may attend abortion procedure district finding reads follows finds desire deter dissuade minors choosing terminate pregnancies also motivated legislature testimony legislative committee considering proposed notification requirement indicated influential supporters measure hoped save lives influencing minors carry pregnancies term rather aborting also found desire dissuade minors choosing terminate pregnancies also motivated legislature finding hodgson appendix finding based testimony legislative committee supporters act hoped save lives direct evidence however motive legislator br january granted partial summary judgment favor defendants several plaintiffs claims reserved ruling constitutionality subdivision applied trial underlying notification provision unconstitutional respect children broken families fails state significant interests however mature minor minor whose best interests contrary notifying noncustodial parent forced either suffer unconstitutional requirement submit burdensome bypass procedure hobson choice fails significant interest must constitutional judicial alternative notice requirement must constitutional notice consent alternative bypass second reason conclusion bypass procedure save notification requirement parents divorced minor custodial parent best position determine whether notifying noncustodial parent child best interests situations minor good relationship noncustodial parent custodial parent nothing prevent minor consulting noncustodial parent desires minor custodial parent however virtue major interest superior position alone opportunity decide anyone notice minor abortion decision given app pet cert pp citations omitted panel reach question constitutionality severability mandatory waiting period concurring judge agreed panel requirement pregnant minor seeking abortion notify noncustodial parent withstand constitutional scrutiny saved bypass procedure quoting justice powell opinion bellotti baird bellotti ii also suggested statute furthered state interest providing opportunity parents supply essential medical information physician state argued interest provides additional basis upholding statute also rejected argument statute violated equal protection clause singling abortion medical procedure requiring notification equal protection challenge renewed see supra district found period statistics compiled bypass petitions filed minnesota courts six petitions withdrawn decision nine petitions denied granted finding planned parenthood central mo danforth bellotti baird bellotti bellotti ii matheson akron akron center reproductive health planned parenthood assn kansas city ashcroft concurring judgment part dissenting part utah statute reviewed matheson required physician otify possible parents guardian woman upon abortion performed utah code ann unlike minnesota statute review today utah statute define term parents statute ambiguous whether term refers parent individually rather parental unit represented either mother father neither argument discussion matheson indicated notice parents required state law extent addresses issue contrary although utah law provides noncustodial parent retains right consent marriage enlistment performance major medical surgical treatment right notice minor abortion among parent specific residual rights duties utah code ann supp figures dissimilar throughout nation see brief american psychological association et al amici curiae estimated age percent white children born spent least time one parent percent black children lived homes citing hofferth updating children life course marriage fam studies indicating family violence occurs two million families substantially underestimate actual number families minnesota alone reports indicate average incidents assault women partners year based statistics state officials suggest battering women partners come recognized perhaps frequently committed violent crime state minnesota numbers include incidents psychological sexual abuse physical abuse abuse sort child batterer incidents reported many minors minnesota live fear violence family members many fact victims rape incest neglect violence impossible accurately assess magnitude problem family violence minnesota members dysfunctional families characteristically secretive matters minors particularly reluctant reveal violence abuse families thus incidence family violence dramatically underreported minors victims sexual physical abuse often reluctant reveal existence abuse outside home importantly notification government authorities creates substantial risk confidentiality minor decision terminate pregnancy lost thus minors choose declare victims sexual physical abuse despite prevalence abuse minnesota elsewhere one guardians ad litem testified situations reported guardians well teenagers talked said consider telling one parent usually mom sometimes dad since go anyway absolutely sure want parent know tell either one app testimony susanne smith see supra one testified minors found bypass procedure experience finding another testified minor level apprehension twice normally see ibid massachusetts judge heard similar petitions state expressed opinion going absolutely traumatic minors difficult time lives ibid one judge stated perceive useful public purpose cases see anything accomplished useful anybody testimony gerald martin app pp public defenders guardians ad litem gave similar testimony see testimony cynthia daly public defender app bypass another hoop jump damaging procedure good testimony susanne smith guardian ad litem teenagers see guardian office nervous scared terrified processes often exhausted upset tell us upset fact explain intimate details personal lives strangers talk feeling belong system ashamed embarrassed somehow punished situation testimony heather sweetland public defender app women clients hearings scared relax slightly majority nervous doctor hodgson one plaintiffs case testified minor patients returned process wringing wet perspiration markedly relieved many dread procedure often actual abortion procedure frequently necessary give sedative kind beforehand app according testimony trial parents participated bypass procedure many never real upset appear angry worried kid nervous properly understood tradition parental authority inconsistent tradition individual liberty rather former one basic presuppositions latter legal restrictions minors especially supportive parental role may important child chances full growth maturity make eventual participation free society meaningful rewarding bellotti ii opinion powell see also stanford kentucky brennan dissenting thompson oklahoma plurality opinion principles one parent authority act agent matters child upbringing education see spencer law domestic relations reeve law baron femme certainly safeguarding home follow merely sanctity property rights home derives preeminence seat family life integrity life something fundamental found draw protection principles one explicitly granted constitutional right poe ullman harlan dissenting far contraceptives issue poe griswold connecticut married couple interest protecting sanctity communications undue interference state see stein bowman pet rule founded upon deepest soundest principles nature principles grown domestic relations constitute basis civil society essential enjoyment confidence subsist connected nearest dearest relations life break impair great principles protect sanctities husband wife destroy best solace human existence best principles law evidence ed greenleaf law evidence ed phillips law evidence ed record contains telephone training manual one clinic contemplates notification made date patient contacts clinic arrange abortion appointment scheduled days later since clinic typically backlog app statutory waiting period creates little delay akron akron center reproductive health upon plaintiffs rely contrary invalidated provision required mature women capable consenting abortion wait hours giving consent undergoing abortion legitimate state interest asserted woman decision informed decided woman appropriate counseling prepared give written informed consent proceed abortion state may demand delay effectuation decision contrast case state asserts legitimate interest protecting minor women immaturity explain text right minor make informed decision terminate pregnancy defeated waiting period significant statute impose waiting period substitute competent decisionmaker parent gives affirmative consent abortion common reason notifying second parent parent child app notification provoked abuse example judge allen oleisky whose familiarity minnesota statute based heard petitions minors testified battering frequent crime minnesota parents seek exemption notification requirement battered afraid assault notification father set whole thing cases see also testimony confirmed uncontradicted testimony one plaintiffs experts notice daughter pregnancy absolutely enrage batterer much like showing red cape bull kind information plays right worst fears vulnerable spots sexual jealousy dislike daughter going anybody else make angry probably create severe abuse well communication difficulties testimony lenore walker justice kennedy recognizes parental rights coupled parental responsibilities post state may legislate premise parents general rule interested children welfare act accord post course precisely point state may legislate generalized assumptions parent intact family act child best interests fail involve parent child upbringing involvement appropriate see brief american psychological association et al amici curiae state law typically allows minor parent whatever age consent health care child brief american college obstetricians gynecologists et al amici curiae areas deal sexuality substance abuse require single parent consent performing medical procedures minor justice concurring part concurring judgment part join parts iii viii justice stevens opinion agree central points made part iii join broader discussion agree characterized woman decision beget bear child component liberty protected due process clause fourteenth amendment constitution ante see carey population services international griswold connecticut white concurring judgment extended liberty interest minors bellotti baird bellotti ii planned parenthood central mo danforth albeit important limitations arental notice consent qualifications typically may imposed state minor right make important decisions immature minors often lack ability make fully informed choices take account immediate consequences state reasonably may determine parental consultation often desirable best interest minor bellotti ii supra opinion powell see also matheson stevens concurring judgment cf thompson oklahoma inexperience less education less intelligence make teenager less able evaluate consequences conduct time much apt motivated mere emotion peer pressure adult stanford kentucky brennan dissenting inors treated differently adults laws reflects simple truth derived communal experience juveniles class level maturation responsibility presume adults consider desirable full participation rights duties modern life understanding area particular regulation unduly burde fundamental right evaluation regulation limited determination regulation rationally relates legitimate state purpose akron akron center reproductive health dissenting see also webster reproductive health services concurring part concurring judgment understanding agree justice stevens statement statute sustained obstacles imposes reasonably related legitimate state interests cf turner safley carey population services international opinion powell doe bolton ante agree justice stevens minnesota offered sufficient justification interference family decisionmaking processes created subdivision notification subdivision stringent notification statute country see ante state defines generic term parents see ann art iii supp adoption statute parents means either singular plural word parent see also ante parents arkansas statute provides numerous exceptions notification requirement permits bypassing notification notification best interests minor see supp minnesota exception notification minors victims neglect abuse reality means notifying parents justice stevens points see ante avail neglect abuse exception minor must report abuse report requires welfare agency immediately conduct assessment stat agency interviews victim must notify parent fact interview parent subject investigation right access record investigation see also tr oral arg turns reporting statute minnesota requires reported welfare department welfare department assessment tell parents assessment done timeframe even abortion occurs combination abused minor reluctance report sexual physical abuse see ante likelihood invoking abuse exception purpose avoiding notice result notice makes abuse exception less effectual minnesota notice requirement unreasonable one considers half minors state minnesota reside biological parents see ante third live one parent ibid given broad sweep failure serve purposes asserted state many cases join striking subdivision ii series cases explicitly approved judicial bypass means tailoring parental consent provision avoid unduly burdening minor limited right obtain abortion see bellotti baird planned parenthood central mo danforth bellotti ii danforth stated primary constitutional deficiency lies notification statute imposition absolute limitation minor right obtain abortion materially different constitutional issue presented provision requiring parental consent consultation cases providing prompt judicial resolution disagreement parent minor ii judicial determination minor mature enough give informed consent without parental concurrence abortion event minor best interest provision impose parental approval absolute condition upon minor right assure instances consultation parent child justice marshall justice brennan justice blackmun join concurring part concurring judgment part dissenting part concur parts ii iv vii justice stevens opinion although believe constitution permits state require minor notify consult parent obtaining abortion compare ante infra substantial agreement remainder reasoning part justice steven opinion reasons stated ante minnesota notification requirement even reasonably related legitimate state interest therefore requirement surely pass strict scrutiny applicable restrictions woman fundamental right abortion dissent judgment however judicial bypass option renders parental notification delay requirements constitutional see ante opinion post opinion kennedy bypass procedure save requirements bypass unconstitutional face applied least scheme substantially burdens woman right privacy without advancing compelling state interest significantly instances usurps young woman control body giving either parent power effectively veto decision abortion consistently held since roe wade constitutional right privacy broad enough encompass woman decision whether terminate pregnancy also repeatedly stated woman right make choice freely fundamental thornburgh american college obstetricians gynecologists accord akron akron center reproductive health roe supra reiterated american college obstetricians gynecologists supra decisions personal intimate properly private basic individual dignity autonomy woman decision guidance physician within limits specified roe whether end pregnancy accordingly subjected state laws limiting right exacting scrutiny requiring state show law narrowly drawn serve compelling interest roe supra akron center reproductive health supra strict judicial scrutiny sufficiently protective woman right make intensely personal decision whether terminate pregnancy roe remains law land see webster reproductive health services plurality opinion concurring part concurring judgment blackmun concurring part dissenting part indeed today decision reaffirms vitality roe five justices voted strike state law restricting woman right abortion accordingly constitutional state restrictions abortion must meet rigorous test set forth ii strongly disagree conclusion state may constitutionally force minor woman either notify parents cases one parent wait hours proceeding abortion disclose intimate affairs judge ask grant permission abortion see post opinion kennedy cf ante opinion stevens finding requiring minor wait hours notifying one parent reasonably furthers legitimate state interest first parental notification delay requirements significantly restrict young woman right reproductive choice base conclusion intuition needs attitudes young women sizable impressive collection empirical data documenting effects parental notification statutes delaying abortion second burdensome restrictions narrowly tailored serve compelling state interest finally reasons discussed part iii infra judicial bypass procedure save notice delay requirements neither scope woman privacy right magnitude law burden diminished woman minor bellotti baird bellotti ii opinion powell planned parenthood central mo danforth rather woman minority status affects nature state interests although considers burdens notification requirement imposes minor woman exercise right privacy ante fails recognize forced notification one parent also significantly burdens young woman right abortion see ante opinion post opinion kennedy cf ante opinion stevens substantial proportion pregnant minors voluntarily consult parent regardless existence notification requirement see torres forrest eisman telling parents clinic policies adolescents use family planning abortion services family planning perspectives minors discussed abortion parents absence parental consent notification requirement minors years old younger even likely voluntarily discuss abortion decision parents minors voluntarily discuss abortion parents women notification requirement impose significant burden young women choose inform parents burden evident notification requirement destroys right avoid disclosure deeply personal matter cf whalen roe notification requirement also severe physical psychological effects young woman first forced notification one parent like forced notification parents extremely traumatic young woman depending nature relationship parents cf ante disclosure daughter intention abortion often leads family crisis characterized severe parental anger rejection osofsky osofsky teenage pregnancy psychosocial considerations clinical obstetrics gynecology impact notification requirement especially devastating minors live fear physical psychological sexual abuse see clary minor women obtaining abortions study parental notification metropolitan area american pub health finding many minors chose inform parents voluntarily fear negative consequences physical punishment retaliation see also tr testimony elissa benedek stating usually minors accurately predict parental reaction news daughters pregnancies cf ante certainly child abuse limited families two parents second prospect notify parent causes many young women delay abortions thereby increasing health risks procedure see cates schulz grimes risks associated teenage abortion new england medicine finding women years old younger number deaths per abortions first weeks pregnancy weeks weeks week see also matheson marshall dissenting risks posed delay especially significant adolescents already delay seeking medical care relatively late pregnancies risks higher see national research council risking future adolescent sexuality pregnancy childbearing hayes ed addition notification requirement compels many minors seeking abortion travel state without requirement avoid notifying parent cartoof klerman parental consent abortion impact massachusetts law american pub health finding minors seeking abortions traveled outside state avoid massachusetts parental notice requirement women may resort horrors illegal abortion rather tell parent torres forrest eisman supra minors attending family planning clinics said illegal abortion rather tell parent matheson supra marshall dissenting see also greydanus railsback abortion adolescence seminars adolescent medicine noting greater death rate women obtain illegal abortions obtain legal ones still others forgo abortion entirely carry fetus term torres forrest eisman supra minors family planning clinics said carry fetus term rather inform parents decision abort subjecting much greater health risks pregnancy childbirth physical psychological financial hardships unwanted motherhood see greydanus railsback supra noting minor overall risk dying childbirth nine times greater risk dying legal abortion lewis minors competence consent abortion american psychologist regnancy continuation poses far greater psychological physical economic risks adolescent abortion citation omitted see also bellotti ii plurality opinion onsidering probable education employment skills financial resources emotional maturity unwanted motherhood may exceptionally burdensome minor clearly requiring notification one parent significantly burdens young woman right terminate pregnancy delay notification aggravates harm caused delay may flow minor fear notifying parent moreover delay burdens rights minors including voluntarily consult one parents justice stevens assertion delay imposes minimal burden ante see also post opinion kennedy ignores increased health risks costs delay entails district specifically found matter fact elay length performing abortion increases statistical risk mortality morbidity minn even brief delay particularly detrimental impact pushes abortion second trimester operation substantially risky costly ibid see also tietze henshaw induced abortion world review pp ed rate major complications nearly doubles week following end first trimester increases significantly thereafter moreover district found delay frequently compounded scheduling factors clinic hours transportation requirements weather minor school work commitments sometimes single parent family work commitments often resulting effective delay week increased risk caused delay magnitude district found statistically significant point pregnancy ibid certainly pregnant woman facing heightened risks health dismiss minimal parental notification delay requirements burden young woman right freely decide whether terminate pregnancy state must show requirements justified compelling state interest closely tailored interest main purpose notification requirement protect minors encouraging minors discuss parents decision whether terminate pregnancies delay turn designed provide parents adequate time consult daughters ante opinion stevens post opinion kennedy justice stevens consultation intended ensure minor decision knowing intelligent ante need determine whether state interest ultimately outweighs young women privacy interests however strictures closely tailored state asserted goal many young women voluntarily consult parent abortion see supra notification delay requirements superfluous advance state interest requirements affect women otherwise notify parent compelled notification unlikely result productive consultation families daughter feel comfortable consulting parents intimate sexual matters see melton legal regulation adolescent abortion unintended effects american psychologist stating many families compelled parental notification unlikely result meaningful discussion daughter predicament tr testimony steven butzer stating involuntary disclosure disruptive family almost universally negative effects accord minor expectations moreover families history child abuse pregnant minor forced notify parent likely greeted physical assault psychological harassment open caring conversation predicament see tr testimony lenore walker stating forced notification dysfunctional families likely sever communication patterns increase risk violence matheson marshall dissenting forced notification situations amount punishing daughter lack stable communicative family environment blame situation lies principally entirely parents parental notification family therefore lead informed decision minor state also claims statute serves interest protecting parents independent right shape ir child ren values lifestyle determine strive believe best children brief petitioners statute surely require parental notification minor seeks medical treatment pregnancy venereal disease alcohol drug abuse see stat believe minnesota parents interest children wellbeing contexts event parents right direct children upbringing right state interference family matters see prince massachusetts noting decisions respected private realm family life state enter see also wisconsin yoder pierce society sisters yet ironically state requirements affirmatively interfere family life trying force families conform state archetype ideal family cf moore east cleveland constitution prevents state standardizing children adults forcing live certain narrowly defined family patterns ante strange constitutional alchemy transform limitation state power justification governmental intrusion family interactions moreover practical matter state intervention hardly likely resurrect parental authority parents unable preserve matheson supra marshall dissenting see also planned parenthood central finding unlikely parental veto power abortion enhance parental authority control minor nonconsenting parent fundamentally conflict existence pregnancy already fractured family structure even state interest construed merely facilitation exercise parental authority notification delay requirements narrowly drawn parental authority limitless certainly parental involvement threatens harm child parent authority must yield prince massachusetts supra matheson supra marshall dissenting yet notification delay requirements facilitate exercise parental authority even may physically psychologically harm child see supra furthermore exercise parental authority instances take form obstructing minor decision abortion parent objects abortion notified exert strong pressure minor form stern disapproval withdrawal financial support physical emotional abuse block getting abortion see bellotti ii opinion powell parents hold strong views subject abortion young pregnant minors especially living home particularly vulnerable parents efforts obstruct abortion see also matheson marshall dissenting circumstances notification requirement becomes effect consent requirement discussed infra state may permit person including parent veto woman decision terminate pregnancy notification delay requirements effectively give parents opportunity exercise unconstitutional veto situations requirements narrowly tailored state interest facilitating legitimate exercises parental authority iii parental notification delay requirements satisfy strict scrutiny applicable laws restricting woman constitutional right abortion judicial bypass procedure salvage requirements procedure unconstitutional state argues bypass procedure saves notification delay requirements provides alternative way obtain legal abortion minors harmed requirements upheld consent requirement state provided alternative judicial procedure whereby pregnant minor demonstrate sufficiently mature make abortion decision despite immaturity abortion best interests planned parenthood assn kansas city ashcroft opinion powell quoting akron center reproductive health continue believe however judicial bypass procedure sort unconstitutional effectively gives judge absolute veto decision physician patient planned parenthood assn kansas city supra blackmun concurring part dissenting part see also bellotti ii stevens concurring judgment provision absolute veto judge particularly troubling inherent right make abortion decision right may exercised without public scrutiny defiance contrary opinion sovereign third parties omitted planned parenthood central supra state constitutional authority give third party absolute possibly arbitrary veto decision physician patient terminate patient pregnancy regardless reason withholding consent person may veto minor decision made consultation physician terminate pregnancy immature minor less right make decisions regarding body mature adult minnesota bypass provision allows judge authorize abortion determines either woman sufficiently mature make decision sufficiently mature abortion without parental notification serve best interests stat course judge refuses authorize abortion young woman reevaluate whether wants notify parent many women carry fetus term rather notify parent see supra women may decide inform parent confront parental pressure abuse severe obstruct abortion women judge refusal authorize abortion effectively constitutes absolute veto constitutional defects provision allowing someone veto woman abortion decision exacerbated vagueness standards contained statute statute gives guidance judge determine whether minor sufficiently mature capable make decision see stat judge shall authorize abortion determines pregnant woman mature capable giving informed consent proposed abortion cf lewis american psychologist noting absence judicial standard assessing maturity statute similarly silent judge determine whether abortion without parental notification serve immature minor best interests judge shall authorize abortion immature minor without notification said judge concludes pregnant woman best interests served thereby judge expected know woman medical needs psychological makeup doctor consider woman financial emotional status determine quality life woman future child enjoy world neither record answers questions justice stevens wrote bellotti ii best interest standard provides little real guidance judge decision must necessarily reflect personal societal values mores whose enforcement upon minor particularly contrary informed reasonable decision fundamentally odds privacy interests underlying constitutional protection afforded decision opinion concurring judgment difficult conceive reason aside judge personal opposition abortion justify finding immature woman best interests served forcing endure pregnancy childbirth even believe judicial bypass procedure facially unconstitutional experience minnesota procedure operation demonstrates bypass provision us save parental notification delay requirements addressed judicial bypass procedures context facial challenges see planned parenthood assn kansas city opinion powell akron center reproductive health bellotti ii opinion powell never considered actual burdens particular bypass provision imposes woman right choose abortion consideration establishes even judges authorized every abortion sought petitioning minors minnesota judicial bypass far burdensome remedy otherwise unconstitutional statute district found bypass procedure imposed significant burdens minors first scheduling practices minnesota courts typically require minors wait two three days first contact hearing petitions delay may combine factors result delay week noted supra delay days significantly increase health risks minor delay inevitably furthermore several counties minnesota judge willing hear bypass petitions forcing women areas travel long distances obtain hearing donovan judging teenagers minors fare seek abortions family planning perspectives minnesota minors utilizing bypass residents city located melton american psychologist minnesota judges rural counties often recused participation abortion hearings minors sometimes travel miles hearing burden travel often requiring overnight stay distant city particularly heavy poor women rural areas furthermore young woman absence home school work time required travel hearing jeopardize woman confidentiality see ibid district also found bypass procedure extremely traumatic young women experience going judicial authorization produces fear tension many minors minors apprehensive prospect facing authority figure holds hands power veto decision proceed without notifying one parents many minors angry resentful required justify decision complete strangers despite confidentiality proceeding many minors resent reveal intimate details personal family lives strangers finally many minors left feeling guilty ashamed lifestyle decision terminate pregnancy mature minors minors whose best interests proceed without notifying parents daunted judicial proceeding forego bypass option either notify parents carry term minors upset bypass proceeding consider difficult medical procedure indeed anxiety resulting bypass proceeding may linger time medical procedure thus render latter difficult necessary thus regardless one view facial validity bypass procedure minnesota procedure practice imposes excessive burden young women right choose abortion cf bellotti ii stevens concurring judgment need commence judicial proceedings order obtain legal abortion impose burden least great probably greater imposed minor child need obtain consent parent furthermore process serve state interest ensuring minors decisions informed surely state require minor women seeking abortion obtain judicial approval holding burdensome bypass procedure saves state burdensome notification delay requirements thus strikes equivalent saying two wrongs make right accept novel judicial calculus iv majority today strikes unreasonable vastly overbroad requirement pregnant minor notify parents decision obtain abortion decision agree time though different majority holds state may require young woman notify one even parents wait hours abortion long state provides judicial bypass procedure decision vehemently dissent scheme forces young woman already dire situation choose two fundamentally unacceptable alternatives notifying possibly dictatorial even abusive parent justifying profoundly personal decision intimidating judicial proceeding stranger woman dilemma likely result trauma pain informed voluntary decision concur part vii understanding opinion dispute minor liberty interest alone outweighs interest second parent shaping child values lifestyles regardless interest first parent cf ante statute provides notification one parent living second parent located reasonably diligent effort stat jane hodgson testified district one patient order keep pregnancy private tried induce abortion help friends inserting metallic object vagina thereby tearing body scarring cervix causing bleeding attempt failed induce abortion patient four five months pregnant finally went abortion clinic damage patient cervix doctors perform hysterotomy meaning woman must cesarean section deliver child future app justice stevens notes ante delay apply parent consents abortion although factors constrain young woman ability schedule abortion even absence delay requirement addition immutable statutory delay reduces woman clinic scheduling flexibility thus exacerbate effect factors instance woman might contact clinic monday find schedule clinic allow tuesday appointment week without delay requirement woman treated next day statutory delay however woman forced wait week justice stevens concludes delay requirement actually results little delay statutory period may run concurrently time necessary make appointment procedure ante see also post opinion kennedy waiting period results little delay en banc justice stevens bases conclusion testimony one abortion clinic scheduling backlog typical ante one two days however obviously means backlog necessarily hours furthermore witness also stated woman says must seen particular day policy always see app mandated delay clinic honor woman request abortion least two full days elapsed testimony therefore hardly sufficient justify ignoring district factual finding regard effects delay requirement state also asserts requirements permit parents provide doctors relevant information daughters medical history assist ensuring proper procedures followed brief petitioners pp see also ante opinion justice stevens delay period permits parent inquire competency doctor performing abortion actual state interests seems peculiar state try facilitate similar parental involvement minors treatment pregnancy childbirth see infra page pose far greater risks minor health abortion see supra event compelled notification unlikely result helpful parental involvement families parent reacts news daughter predicament rejecting abusing young woman see supra page hodgson testified minors dread procedure much become wringing wet perspiration frequently require sedative beforehand app one judge heard significant number bypass petitions testified experience nervewracking young women another testified pregnant minors level apprehension twice normally see see typical things see somebody incredible amounts stress answering monosyllabically tone voice tenor voice shaky wringing hands know one young lady hands turning blue warm office ibid maine example requires minor obtain consent parent guardian adult family member undergo judicial bypass receive counseling physician counselor according specified criteria see rev stat tit supp wisconsin requires abortion providers encourage parental notification unless determine minor valid reason notifying parents stat latter situation provider must encourage require minor notify another family member close family friend school counselor social worker appropriate person express opinion constitutionality efficacy schemes raise examples alternatives seem closely related judicial bypass procedure goal ensuring minor decision informed event abortion clinics already provide extensive counseling see national research council risking future adolescent sexuality pregnancy childbearing hayes ed abortion clinics routinely provide counseling patients clinics make counseling available patients request indeed state conceded oral argument eighth circuit sitting en banc judicial approval provision unconstitutional see lay dissenting justice scalia concurring judgment part dissenting part understand various opinions today one justice holds notification unconstitutional least present circumstances without judicial bypass constitutional bypass ante concurring part concurring judgment four justices hold notification constitutional without bypass post kennedy concurring judgment part dissenting part four justices hold notification unconstitutional without bypass though four apply two different standards ante opinion stevens ante marshall concurring part dissenting part six justices hold notification bypass constitutional though two different sets reasons ohio akron center reproductive health post post stevens concurring part concurring judgment three justices hold notification bypass unconstitutional post blackmun dissenting one search vain document supposed construing text provides basis argument distinctions find society tradition regarding abortion hint distinctions constitutionally relevant much less indication constitutional argument resolved random unpredictable results consequently unchanneled individual views make increasingly evident term term tools job found lawyer hence judge workbox continue dissent enterprise devising abortion code illusion authority justice kennedy chief justice justice white justice scalia join concurring judgment part dissenting part little doubt state furthers constitutionally permissible end encouraging unmarried pregnant minor seek help advice parents making important decision whether bear child grave decision girl tender years emotional stress may make without mature advice emotional support bellotti baird bellotti ii opinion powell quoting planned parenthood central missouri danforth stewart concurring see also matheson stevens concurring judgment danforth supra white concurring part dissenting part stevens concurring part dissenting part today holds statute requiring minor notify parents plans abortion permissible means furthering interest described specificity bellotti ii conclusion doubt come surprise parents incompatible constitutional tradition acceptable notion judicial review legislative enactments dissent portion judgment affirming appeals conclusion minnesota notice statute unconstitutional provisions statute us straightforward essence statute provides physician minnesota may perform abortion unemancipated minor physician physician agent must notify minor parents one located reasonable effort either personally certified mail least hours abortion performed stat notification required abortion necessary prevent minor death parents consented abortion minor declares victim sexual abuse neglect physical abuse failure comply requirements misdemeanor statute authorizes civil action noncomplying physician minor parents statute also provides enjoins notice requirement subdivision parental notice subdivision shall still required unless minor obtains order dispensing statute required authorize physician perform abortion without parental notice determines minor mature capable giving informed consent proposed abortion performance abortion upon without notification parents guardian conservator best interests ii state identifies two interests served law first state interest welfare pregnant minors second state interest acknowledging promoting role parents care upbringing children justice stevens writing two members acknowledges legitimacy first interest decides second interest somehow illegitimate least whichever parent minor chooses notify agree constitution prevents state keeping parents informed medical condition medical treatment child terms conditions statute welfare child always central concern laws regard minors law give children many rights given adults provides general children exercise rights parental consent parham stewart concurring judgment legislatures historically acted basis qualitative differences maturity children adults see schall martin thompson oklahoma concurring judgment collecting cases stanford kentucky brennan dissenting without reason age rough fair approximation maturity judgment state interest seeing child confronted serious decisions whether abort pregnancy assistance parents making choice anything settled previous cases dealing parental notification consent laws point see bellotti ii matheson stevens concurring judgment protection right parent participate upbringing children discrete interest state recognizes statute common law historically given recognition right parents merely notified children actions speak act behalf absent showing neglect abuse father possessed paramount right custody control minor children superintend education nurture schouler law domestic relations ed see also blackstone commentaries kent commentaries american law field legal relations infants century common law abandoned idea parental rights vested solely fathers mothers viewed merely agents husbands cf ante case parent parental rights parental responsibilities see keeton dobbs keeton owen prosser keeton law torts ch ed limitations emerged prerogatives parents act contrary best interests child respect matters compulsory schooling child labor general matter however remains cardinal us custody care nurture child reside first parents whose primary function freedom include preparation obligations state neither supply hinder prince massachusetts history culture western civilization reflect strong tradition parental concern nurture upbringing children primary role parents upbringing children established beyond debate enduring american tradition wisconsin yoder see also pierce society sisters state pursues legitimate end constitution attempts foster preserve relation giving parents opportunity participate care nurture children held parents liberty interest protected constitution reasonable opportunity develop close relations children see santosky kramer caban mohammed stanley illinois recognized course limits constitutional right parents custody participate decisions affecting children parent relinquished opportunity develop relation child link child biological constitution require state allow parental participation see lehr robertson quilloin walcott fact constitution protect relationship circumstances mean state attempt foster parental participation constitution demand state may seek protect facilitate bond assumption parents act child best interests see parham supra ginsberg new york indeed held state terminate parental rights based upon presumption class parents unfit without affording individual parents opportunity rebut presumption see stanley supra santosky supra fundamental liberty interest natural parents care custody management child evaporate simply model parents state legislate broad assumption classes parents unfit undeserving parental rights without affording opportunity rebut assumption least permissible state legislate premise parents general rule interested children welfare act accord descriptions state interests case caricatures law revered institutions labels interests ones standardizing children adults ensuring family extent possible conform ideal ante see also ante marshall concurring part concurring judgment part dissenting part accusing minnesota trying force families conform state archetype ideal family minnesota asserts purpose explicit statement permissible inference minnesota asserts interest seeing parents know vital decision facing child interest valid one without regard whether child living either one parents attachment minor parents family unit responds notice part beyond state control state doubt prefer parents notified statute contact daughters assist making decisions child best interests heart contrary intimation decreed communication state make communication possible least informing parents daughter intentions minnesota done act upon proposition assisting daughter deciding whether abortion parents best fulfill roles information child medical condition medical choices child doctor deny parents knowledge risk perpetuate estrangement alienation child greatest need parental guidance support state constitutional tradition sad disservice impugning legitimacy elemental objectives given societal interest underlies parental notice consent laws comes surprise enacted statutes requiring general physician must notify obtain consent least one parents legal guardian performing abortion minor see wardle time enough webster reproductive health services prudent pace justice rev collecting statutes five including minnesota appear require general rule notification parents physician may perform abortion minor see ark code ann supp idaho code code ann utah code ann another six appear require varying exceptions consent parents see del code title rev ch rev stat ann michie mass laws miss code ann supp cent code whether statutes less restrictive minnesota statute issue although pause note decision today turns upon perception law requirements despite exceptions stringent country see ante concurring part concurring judgment decision import validity statutes important minnesota alone acknowledging vitality governmental interests adopting laws legislature judgment best suited serving protecting minor welfare general level current trend among state legislatures enact joint custody laws making norm divorced separated parents share legal responsibility authority making decisions concerning children care education religion medical treatment see clark law domestic relations ed folberg joint custody law second wave family collecting statutes minnesota law example exists presumption divorce proceedings joint custody requested either parents best interests child see stat supp even joint custody awarded minnesota law provides parent unless specifically directs otherwise protect welfare parent child right access receive copies school medical dental religious training important records information minor children responsibility keep party informed name address school attendance minor children responsibility notify party accident serious illness minor child name health care provider place treatment right reasonable access telephone contact minor children stat minnesota notification law apply general principles specific case abortion federal law contains similar provisions regulating health welfare children require notification consent parents example one condition obtaining grant adolescent family life act applicant must provide assurances notify parents guardians unemancipated minor requesting services relating family planning applicant obtain permission parents guardians respect provision services ed see ii requiring notice parents guardians unemancipated minor pregnant see also supp authorizing funding certain experimental juvenile drug alcohol treatment programs safeguards established obtaining informed consent parents guardians minors app ed permitting induction armed forces written consent parents guardian cfr requiring consent parents minor may participate medical research posing minimal risk harm respect submit today errs minnesota notice law oddity among state federal consent provisions ante iii least two members concede must state legitimate interest welfare pregnant minor furtherance interest state may require minor notify consult one parents see ante opinion stevens cf ante marshall concurring part concurring judgment part dissenting part nonetheless holds minnesota statute unconstitutional requires minor notify one parent parents requirement says bears reasonable relation minor welfare see ante cf ante marshall concurring part concurring judgment part dissenting part also concludes minnesota legitimate interest facilitating participation parents care upbringing children given substantial protection minors minnesota law generally statute question judicial bypass provisions law necessary validity notification law enacted minnesota view valid without judicial bypass provision subdivision much ground beyond dispute many families whether parents living together apart notice parents serves interests parents minor state legislate fact mind matheson considered constitutionality statute required physician performing abortion minor otify possible minor parents guardian quoting utah code ann emphasis added held statute applied unmarried dependent immature minors plainly serves important state interests narrowly drawn protect interests violate guarantees constitution holding made knowledge contentions supported citations medical sociological literature proffered today proposition notification imposes burdens minors see marshall dissenting nonetheless rejected arguments requirement parental notification equivalent requirement parental consent statute unconstitutional required notification abortions medical procedures statute unconstitutional might deter minors seeking abortions decision based upon premise must defer reasonable judgment state legislature determines sound public policy justice stevens opinion concurring judgment relied upon explicit statement principle concluding utah statute requiring notification parents valid unmarried minors mature immature justice stevens reasoned state interest ensuring young woman considering abortion receive appropriate consultation plainly sufficient support state legislature determination appropriate consultation include parental advice today departs rule suggests general requirement parents notified unconstitutional conclusion law unnecessary notice produces favorable results see ante irrational instances produces unfavorable results see ante matheson justice stevens rejected arguments insufficient establish utah statute unconstitutional course conclusion utah statute invalid prevent young pregnant women voluntarily seeking advice parents prior making abortion decision state may legitimately decide consultation made probable ensuring parents informed daughter decision utah interest statute diminished fact guarantee meaningful communication actually occur compliance statute requirements tend facilitate communication daughters parents regarding abortion decision possibility parents react compassion understanding upon informed daughter predicament even receptive incorrectly advise undercut legitimacy state attempt establish procedure enhance probability pregnant young woman exercise wisely possible right make abortion decision emphasis added applying standards established prior decisions case hand must keep mind concerned extremely sensitive issues one involved appropriate forum resolution democracy legislature forget legislatures ultimate guardians liberties welfare people quite great degree courts missouri may holmes maher roe omitted akron akron center reproductive health dissenting minnesota legislature like legislatures many found necessary address issue parental notice statutory laws view acted permissible manner must acknowledge reasonable legislature conclude cases notice parents work minor benefit see bellotti ii opinion powell parental involvement compassionate supportive highly desirable true calls ideal family setting parents minor live one roof also minor longer lives parents deny many absent parents maintain significant ties children seek participate lives guide teach care beyond dispute attachments cases involving mistreatment abuse essential minor wellbeing parental notice supportive kind family tie although may true notice one parent often result notice state need rely upon decision one parent notify particularly parents maintain ties daughter parents share responsibilities duties respect child acknowledge cases notifying parents produce desirable results despite fact actual instance record us notification requirement enjoined went effect cf ante stating matter historical fact notification requirement particularly harmful effects minor custodial parent fears notification absent parent produce harmful results often realized emphasis added need decide today however whether constitution permits state require physician notify biological parents performing abortion minor simple reason minnesota enacted law minnesota statute fact contains exceptions ensure statutory notice requirement apply proves serious threat minor health safety first statute require notice costs comply law physician need use reasonably diligent effort locate notify minor parents second parent located may case parent deserted family ceased maintain contact minor parent notice required first parent stat second even parents located notice required physician certifies abortion necessary prevent woman death insufficient time provide required notice minor parents authorized abortion writing minor declares victim sexual abuse neglect physical abuse minnesota law neglect minor means failure parent supply child necessary food clothing shelter medical care reasonably able failure protect child conditions actions imminently seriously endanger child physical mental health reasonably able stat supp physical abuse defined physical injury inflicted person responsible child care child accidental means sexual abuse includes sexual contact parent person responsible child care position authority respect child believe exceptions narrow eliminate statute coverage instances notice place minor danger parental violence conduct real threat physical mental health child challenges efficacy last exception believes statutory requirement physician report minor declaration abuse appropriate authorities see stat deter minors using exception proper basis declaring law invalid laws declared unconstitutional general reluctance follow statutory scheme legislature finds necessary accomplish legitimate state objective beyond question reasonable state require physicians report declarations abuse ensure mistreatment known authorities responsible protection minors requirement single manifestation broad duty minnesota report suspected cases child abuse proper authorities see stat declaring public policy state protect children whose health welfare may jeopardized physical abuse neglect sexual abuse strengthen family make home school community safer children promoting responsible child care settings one contend minor pregnant somehow less deserving state protection reasonable provide minor contends notify parent parents victim neglect abuse allow state use power investigate declaration protect harm parent moreover responds notice threatening harming minor parent may prosecuted state full extent laws see stat domestic abuse act stat supp assault statutes sexual abuse statutes criminal neglect statute relies upon laws first line defense dealing instances abuse family situations state entitled rely upon notwithstanding exceptions protections discussed remain possible course instances notifying one parents minor best interests allegations similar possibility based upon sociological evidence similar presented case made appellant matheson see brief appellant matheson pp brief planned parenthood federation america et amici curiae matheson held parental notification law valid least immature minors simple reason law invalid fails governmental interest every instance point formed cornerstone justice stevens concurring opinion matheson see finds explicit statement opinion parham law concept family rests presumption parents possess child lacks maturity experience capacity judgment required making life difficult decisions importantly historically recognized natural bonds affection lead parents act best interests children many legal presumptions experience reality may rebut law accepts starting point incidence child neglect abuse cases attest parents may times acting best interests children creates basis caution hardly reason discard wholesale pages human experience teach parents generally act child best interests difference notice consent apparent us apparent unlike parental consent laws law requiring parental notice give third party legal right make minor decision prevent obtaining abortion choose one performed acknowledged distinction fundamental one substantially modify ing federal constitutional challenge bellotti baird bellotti see also matheson supra law us place absolute obstacle minor seeking obtain abortion represents considered weighing competing interests minors parents doubted long state statute within bounds reason assum character merely arbitrary fiat state must decide upon measures needful protection people akron dissenting quoting purity extract tonic lynch like laws general application minnesota statute produce perfect results every situation applies state obligation enact perfect laws statute us including waiting period necessary enable notified parents consult daughter daughter physician wish results little delay represents permissible reasoned attempt preserve parents role minor decision abortion without placing absolute obstacles minor determined elect abortion interest sees section without judicial bypass provision subdivision constitutional reverse contrary judgment appeals iv majority holds notice requirement contained subdivision unconstitutional necessary consider whether notice requirement constitutional minor option obtaining order permitting abortion proceed lieu required notice stat assuming bound part analysis notice provisions standing alone invalid conclude notice requirement judicial bypass alternative constitutional concludes minnesota notice law without judicial bypass unconstitutional possibility cases rule work benefit minors parents one attempt design statute address concerns one precisely minnesota done create judicial mechanism identify exempt strictures law cases minor mature notification minor parents minor best interests bypass procedure comports respects precedents see bellotti ii opinion powell planned parenthood assn kansas city mo ashcroft opinion powell concurring judgment part dissenting part ohio akron center reproductive health post providing bypass minnesota done nothing attempt fit legislation framework supplied previous cases simple fact decision bellotti ii stands proposition consent law constitutional provides sufficient judicial bypass alternative requires us sustain statute us bellotti ii considered constitutionality statute required physician obtain circumstances consent minor parents performing abortion minor see citing mass laws ch west supp although eight members concluded statute unconstitutional five indicated uphold consent statute adequate judicial bypass four eight justices forming majority bellotti ii failure statute lay inadequate bypass procedure requirement minor parents consent abortion see opinion powell justice powell opinion specifically stated state decides require pregnant minor obtain one parents consent abortion also must provide alternative procedure whereby authorization abortion obtained ibid emphasis added stated minimum requirements procedure response dissent contention opinion advisory justice powell stated four members thought necessary provide guidance state constitutionally may provide adult involvement either parents state official judge abortion decision minors view importance issue raised protracted litigation parties already subjected think irresponsible simply invalidate massachusetts law without stating views controlling principles justice white dissented judgment massachusetts statute unconstitutional view bypass necessary must follow consent statute adequate bypass procedure valid see sum five members bellotti ii found either express statement implication permissible constitution state require consent two parents long provides consent substitute form adequate judicial bypass procedure accept justice stevens suggestion today justice powell announcing rules consider fact context consent requirement see ante statute explicit command parents consent abortion see justice powell indicated aware fact see dissent drew specific contrast consent requirement consent requirement danforth see opinion white see also stevens concurring judgment aware circumstances justice powell stated controlling principles specific reference laws requiring consent one parents justice powell considered reasoning coupled dissenting views justice white intended set forth dispositive principles law deciding constitutionality parental consent laws relied upon principles deciding constitutionality laws requiring notice consent one parent see akron akron center reproductive health consent ohio akron center reproductive health post notice bellotti ii dealt far demanding requirement consent approved requirement coupled judicial bypass alternative must conclude principles validate notice requirement coupled judicial bypass alternative second precedent compels conclusion notice law judicial bypass alternative constitutional decision matheson held notice statute without bypass constitutional applied immature minors whose best interests served notice like statute matheson minnesota statute amended subdivision requires physician notify parents immature minors whose best interest served communication notification law may constitutional applied immature minors whose best interests served law applied minors mature whose best interests served judicial bypass expeditious efficient means separate applications law constitutional justice stevens characterization judicial bypass procedure discussed past cases necessary exception reasonable general rule consent requirement see ante far mark judicial bypass mandated constitution must general consent rule unreasonable least applications bypass necessary save statute see bellotti ii supra opinion powell matheson powell concurring reason given refusing apply similar analysis less demanding case notice statute follows similar result obtain law requires notice one parents constitutional bypass thus concur portion judgment announced agreed justice stevens affirms appeals conclusion constitutional case rejects legislature judgment parents least aware daughter intention seek abortion even state empower parents control child decision judgment rejected although rests upon tradition parental role care upbringing children old civilization precedents permit result true many young women prospect two parents perhaps even one parent sustaining support compassionate committed illusion statistics drug alcohol abuse parents documentations child neglect mistreatment fragments evidence showing tragic reality becomes life thousands minors errs serious degree commands solution cruel consequences individual misconduct parental failure social ills legislative authority entitled attempt meet wrongs taking reasonable measures recognize promote primacy family tie concept seems intent declaring constitutional irrelevance