Montana's AG seeks Supreme Court's decision to maintain law mandating parental consent for minors' abortions.

Montana Attorney General Austin Knudsen is appealing a ruling from his state's highest court that invalidated a 2013 law requiring minors seeking an abortion to obtain notarized written consent from a parent or guardian.

The law contains a judicial bypass provision, which enables minors to obtain court approval for an abortion without the need for parental consent.

In 2024, the Montana Supreme Court overturned the Parental Consent for Abortion Act, stating that it infringes on a minor's constitutional right to privacy by requiring parental consent for abortion access.

While parents have the right to direct their children's care and custody, this right does not outweigh the "fundamental" right of a minor child to seek an abortion.

The Montana Supreme Court, with Justice Laurie McKinnon writing, stated that a minor's right to make decisions about her reproductive health is one of the most fundamental rights she has, and the state did not show a compelling need for the law to protect minors, according to Reuters.

Knudsen's appeal seeks to determine if parental rights encompass the right to partake in decisions concerning a minor child's healthcare, specifically regarding abortion.

The Dobbs v. Jackson Women's Health Organization decision has sparked a debate over parental authority in the context of reproductive rights.

Knudsen stated in a Planet Chronicle Digital statement that SCOTUS should hear the case and overturn the Montana Supreme Court's decision, which allows minors to obtain abortions without parental consent.

"The fundamental right of parents to direct the care and upbringing of their child does not override a child's right to privacy. Until the Supreme Court provides clarity, the health and safety of young Montanans seeking abortions are at risk."

Several states have recently enacted "shield laws" that safeguard medical professionals from legal repercussions for performing gender transition surgeries and abortions on minors, which could have far-reaching consequences for abortion access and parental consent regulations across the country.

At least four justices must agree to review Knudsen's case before it can be heard in court.

Planet Chronicle Digital has reached out to Planned Parenthood Montana for comment.