Every day in the United States, hundreds of minors walk into abortion clinics seeking to terminate unwanted pregnancies. Each of these minors has a constitutional right to an abortion. Yet, most of them will be turned away from the clinics they enter, unless they happen to bring with them a note from a parent. Permission slips, or some type of written proof that a parent is aware of his minor child's abortion decision, are mandated in most jurisdictions. Once placed on file at the clinic, these permission slips protect the abortion providers from liability. Or, at least until recently, abortion providers have assumed so.

In this Note, I argue that statutes that would hold abortion providers liable for failing to ensure that their minor patients have actually obtained legal consent are generally unconstitutional. The potential for liability would deter abortion providers from performing abortions on minors. This chilling effect would make it difficult or impossible for minors to obtain abortions, a result that is incompatible with a minor's constitutional right to choose this medical procedure.