BELLOTTI v. BAIRD

Print this Page
Case Basics
Docket No. 
78-329
Appellee 
Baird
Appellant 
Bellotti
Consolidation 
Hunerwadel v. Baird, No. 78-330
Tags
Term:
Facts of the Case 

A Massachusetts law required minors to gain parental consent before having an abortion. However, if either or both of the parents refused, a judge of the superior court could allow a minor to have the procedure "for good cause shown."

Question 

Did the law unconstitutionally restrict the right of a minor to have an abortion?

Conclusion 
Decision: 8 votes for Baird, 1 vote(s) against
Legal provision: Due Process

The Court found the statute unconstitutional for two reasons. First, it allowed judicial authorization for an abortion to be withheld from a minor who is mature and competent enough to make the decision independently. Second, it required parental notification in all cases (parents were required to be notified if their daughter initiated proceedings in superior court) without allowing the minor to seek an independent judicial assessment of her competence to decide the abortion issue.

Cite this Page
BELLOTTI v. BAIRD. The Oyez Project at IIT Chicago-Kent College of Law. 15 July 2014. <http://www.oyez.org/cases/1970-1979/1978/1978_78_329>.
BELLOTTI v. BAIRD, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1970-1979/1978/1978_78_329 (last visited July 15, 2014).
"BELLOTTI v. BAIRD," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 15, 2014, http://www.oyez.org/cases/1970-1979/1978/1978_78_329.