Everything Legal You Need to Know About Teen Pregnancy

In Australia, 1.5% (4,754) of women who gave birth in 2021 were under the age of 20.

Whilst the key focus in a teen pregnancy should be on receiving proper health care and support, these are the legal facts you should be aware of:-

Telling others

1. The law does not require someone who is undergoing a teen pregnancy to tell family members, their parents, or anyone who is close to them.

Receiving treatment

1. A doctor will need to assess and determine whether the patient is able to consent to medical treatment, without the supervision of parents, if you are under the age of 18. The doctor may consider the patient’s maturity (their ability to comprehensively understand the potential outcomes of a pregnancy, and the required steps of treatment to ensure wellbeing and safety), their age, and the severity or seriousness of the need for treatment.
2. If a doctor decides that the patient has a capacity to consent, medical treatment may be discussed and serviced with no requirement to have parent’s knowledge or consent. This will mean that any treatment or information discussed will be confidential.
3. If a doctor decides that you do not have the capacity to provide your informed consent, they may request for a parent’s involvement and consent.

Terminating a pregnancy

1. The law states that the individual who is undergoing a teen pregnancy is the person who will decide if the pregnancy should be terminated.
2. The consent of the intimate partner is not required.
3. There is no requirement to seek the consent of parents (if you are over the age of 16). Someone who is pregnant and under the age of 16 must discuss with a health care professional, social worker, or counsellor if they are unable to tell their parents.

Ultimately, it is crucial for anyone undergoing a teen pregnancy to speak with a health care professional, social worker, or counsellor in order to fully understand the options and consequences of pregnancy and treatment.

Services which provide support include: your local GP, The Women’s Information Service, SHINE SA, Kids Help Line, Legal Help Line, Family Planning NSW, ReachOut, and many others.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.

Sources:

https://lsc.sa.gov.au/cb_pages/young_people_and_pregnancy.php

https://www.aihw.gov.au/reports/mothers-babies/australias-mothers-babies/contents/focus-population-groups/teenage-mothers

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