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Speak Up! - View Question #624 |
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Question: Does a girl have the right to see a doctor to see if she is pregnant without her parents knowing?
Answer: In Arizona, unless a girl under age 18 is married, is in the armed forces, or
unless her parents have acted in such a way that they lost parental rights (all
three of these mean that she is an emancipated minor) it is unlikely that she
can get medical care of any kind without her parent's consent, and therefore without
their knowledge. A doctor cannot treat a patient without the consent of the patient,
and a minor is probably not able to give consent under the law. (This is different
for a girl over the age of 18, who is an adult and can do what she wants to do.)
A parent has the right and the duty to care for and control a child until they
turn 18. This extends to making decisions about her medical care.
If a girl is in need of medical care (a pregnant girl needs prenatal care)
and the parent is not providing it, then the girl may be able to get help from
the state. However, this cannot be done without the parents knowing about it.
Although not specifically asked, abortion is a topic important to this answer.
According to Arizona law (ARS § 36-2152), a minor cannot have an abortion
unless she has written consent from one parent, or her guardian, or if a judge
authorizes the abortion. This law allows a minor to file a petition for a hearing
at which time the judge will decide if an abortion should go forward without
the consent of the parents. This hearing can take place without the parents
being informed.
A doctor may perform an abortion without permission from the parent or from
a court if the minor certified to him that the pregnancy resulted from sexual
conduct with a parent, stepparent, uncle, grandparent, sibling, adoptive parent,
legal guardian, foster parent or a person who lives in the same household as
the minor and her mother. He must then make a report to law enforcement officials,
who will investigate.
A doctor may also perform an abortion if he believes, based on his review of
the medical records of the minor that there is a medical condition that makes
it necessary for an immediate abortion to save her life, or where delay will
create a risk of substantial and irreversible impairment of major bodily function.
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