Seal of the United States Supreme Court. A Pennsylvania law that required spousal awareness prior to obtaining an abortion was invalid under the Fourteenth Amendment because it created an undue burden on married women seeking an abortion. Requirements for parental consent, informed consent, and roe vs wade summary pdf-hour waiting period were constitutionally valid regulations.
Third Circuit Court of Appeals affirmed in part and reversed in part. The Court’s plurality opinion upheld the constitutional right to have an abortion while altering the standard for analyzing restrictions on that right, crafting the “undue burden” standard for abortion restrictions. Applying this new standard of review, the Court upheld four regulations and invalidated the requirement of spousal notification. Pennsylvania Abortion Control Act of 1982 authored by Rep. A woman seeking abortion had to give her informed consent prior to the procedure.
The doctor had to provide her with specific information at least 24 hours before the procedure was to take place, including information about how the abortion could be detrimental to her health and about the availability of information about the fetus. A woman seeking abortion had to sign a statement stating that she had notified her husband prior to undergoing the procedure, unless certain exceptions applied. Minors had to get the informed consent of at least one parent or guardian prior to the abortion procedure. Alternatively, minors could seek judicial bypass in lieu of consent. Certain reporting and record keeping mandates were imposed on facilities providing abortion services. The case was a seminal one in the history of abortion decisions in the United States. Both were viewed as ostensible conservatives compared with their predecessors.