Elawyers Elawyers
Washington| Change
Abortion. Birth control. Sex education in public schools. These are some of the most divisive topics in America. Collectively called “reproductive rights,” an individual’s ability to decide whether to reproduce and make independent, informed decisions regarding reproductive health is seen as fundamental, at least in the eyes of the law. But that’s not where the discussion ends. In fact, the extent to which states and the federal government can infringe upon an individual’s reproductive rights is a legal, moral, ethical, and even scientific debate that shows no signs of losing its intensity any time soon. This is the Reproductive Rights section of FindLaw's Family Law Center, providing information and resources to help you understand reproductive rights.

In this section you’ll find in-depth information on a variety of matters concerning reproduction -- including procreation, contraception, abortion, and sex education – and tips on what is or isn't legally protected. Go in depth on important issues including birth control laws, children's sex education laws and more. This section also contains links to state reproductive laws and the full text of key Supreme Court cases involving reproductive rights.

Reproductive Rights, Defined

While the Constitution is silent on the issue of reproduction specifically, the Supreme Court has in many cases described the right of reproduction as a fundamental right. In fact, the Court has found Constitutional protection for family relationships, child rearing, procreation, contraception, and, most famously, abortion in Roe v. Wade. Many of these rulings have relied on the Fourteenth Amendment’s right to privacy. Generally, these issues are viewed from a female perspective, as the Court has been mute on male reproductive rights. The reproductive rights of minors may be limited as many states require parental consent for some reproductive health procedures, abortion most of all.

Birth Control

Birth control is much more accessible now than ever, yet it remains a volatile issue in the American social and political spectrum, and access to birth control can be difficult in some states. The landmark 1965 U.S. Supreme Court decision Griswold v. Connecticut established that couples, and women alone, have a constitutional right to privacy regarding contraceptive use. Since then, contraceptives and their use have been protected under law, although access may vary, and courts have struggled to keep up with the latest scientific developments in contraception like “the morning after pill.” In addition, the dissemination of contraceptives in public schools remains a hot-button issue.

Abortion

Speaking of hot-button issues, none may be hotter than abortion. While Roe v. Wade guaranteed a woman’s right to an abortion in 1973, women, states, and courts have been battling ever since to determine just how far that right extends. Most of these conflicts have concerned a state’s ability to limit access to abortion and which, if any, additional requirements a state can place on a woman seeking an abortion. Parental and spousal notice, consent to counseling, and, in some cases, mandatory ultrasounds have all been up for debate and contested in courtrooms nationwide. This pro-life / pro-choice push and pull is ongoing, and is sure to shape abortion law in the future.

Legal Help for Reproductive Rights Issues

As noted above, the law surrounding reproductive rights varies by jurisdiction and is subject to change. Consulting with an experienced family law attorney may help you understand and protect your reproductive rights and responsibilities.

Recent Topics

  • Abortion

    Abortion is one of the most divisive and controversial legal subjects in the United States, where federal law has protected a woman's right to choose an abortion since the U.S. Supreme Court's Roe v. Wade decision in 1973. Some states have limited ac...

  • Background
    Created by FindLaw's team of legal writers and editors.

    Learn the definition of abortion, and the how current abortion law developed from the common law of England to the U.S. Supreme Court's decision in Roe v. Wade.

  • Abortion Laws
    Created by FindLaw's team of legal writers and editors.

    There are several different ways to abort a fetus. This article explains the definitions and legal requirements for each one, as well as a few abortion related medical terms.

  • Abortion Rights FAQ
    Created by FindLaw's team of legal writers and editors.

    Find answers to frequently asked questions about abortion, including what to do when parents disagree about an abortion, the legal rights of fetuses, and whether and when abortions are legal.

  • After Roe v. Wade
    Created by FindLaw's team of legal writers and editors.

    Roe v. Wade was the first US Supreme Court decision to give women the right to choose to have an abortion. Find out how abortion law continues to evolve in this article.

  • Birth Control

    While birth control is much more accessible now than it was about a half-century ago, when contraceptives were used but not publicly discussed, it remains a volatile issue in the United States and is difficult to access in some states. This section d...

  • Birth Control and the Law Basics
    Created by FindLaw's team of legal writers and editors.

    Birth control has a long history, and the right to have it is the result of many political activists’ hard work. Read about its history and the state of birth control rights today.

  • Background and History
    Created by FindLaw's team of legal writers and editors.

    Though most of the political and scientific developments in birth control have happened since 1900, the topic was debated even before the twentieth century. This article has an overview of the issues discussed over a century ago.

  • Legal Developments
    Created by FindLaw's team of legal writers and editors.

    Legislators constantly struggles to keep up with birth control’s scientific developments. Learn about how new pills and techniques have impacted the law over time, and the legal state of the current market.

  • Griswold v. Connecticut and the Right to Contraceptives
    Created by FindLaw's team of legal writers and editors.

    An important case in the quest for the right to reproductive contraceptives, Griswold v. Connecticut established a constitutional right to marital privacy involving the use of contraceptives -- essentially setting the stage for what would later becom...

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer