Reproductive rights includes getting access to information, access to contraception and abortion, and preventing sexually transmitted diseases. It also means the rights of pregnant and parenting teens to make decisions for themselves and their children and to have the same opportunities as their peers.

Some rights differ by state. Others are protected by the federal government. To find out more I talked to Karyn Brownson, who directs the Teen Health Initiative at the New York Civil Liberties Union. Brownson is a social worker who trains teens to educate their peers about reproductive rights and sexual health. Although laws may be different if you live outside of New York, we hope this will give you a starting point for asking questions.

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Q: When you’re a minor (under 18), how much control do you have over your reproductive health care?

A: Your doctor decides whether you can give permission for your health care. There’s something called “informed consent,” which people can give if their doctor thinks they fully understand their health condition and treatment options.

In New York, a doctor can decide you’re mature enough to give informed consent. Then you can make decisions about your health care without the permission of a parent or guardian.

Q: Do teens in and out of foster care have the same reproductive rights?

A: Yes, in New York everything is the same except when it comes to privacy of HIV status. Health care providers can disclose information about your HIV status to the agency, which then goes to possible foster or adoptive parents. (See the resource box for places to learn about rights in your state.)

Q: How does confidentiality work for teens in foster care?

A: Sometimes people in foster care feel like they have less confidentiality than people who are not in the system, even after they turn 18. But in most cases, teens who have given informed consent can decide whether records are released to their agency.

In New York, if your foster care agency has information about your health, it has to be shared with potential foster or adoptive parents. So it’s important to tell the health care provider if it needs to stay confidential. If you’re not sure, ask. If the doctor says it’s confidential, by law it has to stay confidential (unless you’re reporting abuse or in danger of harming yourself or others).

Q: Do teens have the right to an abortion? How can you find out the laws about this in your state?

A: Rules are different from state to state. In New York, teens who can give informed consent can get confidential abortions and don’t need to tell their parents or guardians. Teens in some other states can’t get confidential abortions without the permission of a judge. You can find out about rights in your state from NARAL-Pro-Choice America or by contacting the American Civil Liberties Union. (See box.)

Q: What about pregnant teens? Do they have special/different rights when it comes to prenatal care?

A: In New York, pregnant teens can consent for their own prenatal care and get it confidentially. They are also allowed to make decisions about whether to continue the pregnancy and whether to release their child for adoption.

Q: Can you get kicked out of foster care if you’re pregnant?

A: No. If someone tells you that you can’t stay in foster care or tells you that you have to give up custody of your child just because you’re in care, they are violating your legal rights.

Q: What are your educational rights as a pregnant or parenting teen?

A: If you attend public school, you have the same rights as everybody else. Federal law says a publicly funded school can’t dismiss you or discriminate against you for being pregnant or a parent.

In school, pregnant teens are sometimes pressured into dropping out, kicked out of activities, or generally treated badly. Pregnancy discrimination violates Title IX, a federal law.

Q: Who can you go to if you have questions about your rights?

A: If you’re in foster care, start with your lawyer, since they are responsible for representing your rights—not those of a foster parent, agency, or school. If you feel you’re not getting support from your lawyer, contact a supervisor. It’s also fine for you to do some research on your own; sometimes that can help you figure out how best to advocate for yourself.

NARAL-Pro-Choice America
Go to this link for a state-by-state guide to laws affecting reproductive health care, including abortion:
www.prochoiceamerica.org/choice-action-center/in_your_state/who-decides/state-profiles

American Civil Liberties Union
Visit this site for links to your local ACLU chapter:
www.aclu.org/affiliates

Planned Parenthood
Click here to find local clinics and information about reproductive health care:
www.plannedparenthood.org