The 5th Circuit Court of Appeals upheld a Texas law requiring parental consent to obtain contraception for minors.
The federal appeals court affirmed a 2022 ruling that ended a teen’s right to confidentially obtain birth control. Since 1970, the federal Title X program has provided free contraception to anyone regardless of age, income, or immigration status.
The court panel found parental consent required for minors’ medical treatment under the Texas Family Code does not conflict with federal law allowing U.S. teens to obtain contraception confidentially at federally funded family planning clinics.
Additionally, the decision mostly affirmed the 2022 ruling that the Title X program violates parents’ rights and state and federal law. Previously, obtaining medical treatment at Title X clinics were exempt from that law.
Texas requires parental consent for minors to get prescription birth control, including implants and IUDs, including at Title X clinics in Texas. Minors can still access testing and treatment for sexually transmitted infections, pregnancy tests, condoms, and counseling without parental consent at Title X clinics.
There are more than 150 Title X clinics across Texas, according toEvery Body Texaswhich oversees the federal grants in the state.
Minors on the federal Medicaid program can consent for themselves to get birth control at any clinic that accepts Medicaid. Medicaid may send an explanation of benefits or follow-up letter, which parents have a right to read, said Stephanie LeBleu, the Title X Project Director forEvery Body Texas.
The decision could have effects across the country if other states adopt similar parental consent policies, according to the director of Jane’s Due Process, an organization that helps young people access abortions and contraceptives, adding that abortion rights groups will be hesitant to appeal the ruling after the 2022 Supreme Court decision to revoke the constitutional right to abortion.