A long-standing law in Nevada, unchanged since its introduction in 1985, will be enforced starting April 30, 2025, after a ruling by U.S. District Court Judge Anne Traum. The law mandates that parents or guardians must be notified before a minor can undergo an abortion.

Background of the Law

This statute has remained dormant largely due to a 9th U.S. Circuit Court of Appeals ruling that deemed it unconstitutional, referencing the original Supreme Court decision in Roe v. Wade. However, following the Supreme Court’s 2022 decision reversing Roe, the legal framework supporting this law has shifted, prompting a coalition of district attorneys from rural Nevada to advocate for its reinstatement.

Legal Proceedings and Challenges

Judge Traum, appointed by President Joe Biden, stated that while the law can take effect, advocates for abortion rights may still pursue a court order to contest its legality based on its potential violation of constitutional rights, specifically concerning minors’ due process and equal protection. Planned Parenthood has maintained that the law remains “unconstitutionally vague.”

Reactions from Stakeholders

James Bopp Jr., an attorney representing the district attorneys, articulated that the law aims to safeguard “vulnerable, immature girls from making a decision that has life-altering consequences for themselves.”

Current Abortion Regulations in Nevada

Within Nevada, the legality of abortion extends up to 24 weeks of gestation, allowing exceptions when a mother’s life is at stake or her health may be compromised. Recently, in November 2024, a ballot initiative received preliminary approval from voters to enshrine abortion rights in the state constitution, pending a final vote in 2026.

Parental Involvement Requirements Nationwide

According to KFF, a nonprofit organization focusing on healthcare research, parental involvement in a minor girl’s choice to have an abortion is mandatory in 36 states. These laws can vary significantly: some states enforce only notification requirements like Nevada, while others require explicit parental consent.

Legal Alternatives for Minors

Importantly, Nevada’s parental notification law includes provisions allowing minors to seek a court order empowering them to obtain an abortion without prior notification to their parents or guardians.