KEY INSIGHTS
- Abortion is legal in all Australian states, with certain state-specific regulations for abortions after the first trimester.
- Regarding abortion for minors in Australia, you are not legally required to tell your parents that you are pregnant. You are also not legally required to inform the father of the pregnancy, nor get his consent to have an abortion.
- If you are under 16 but over 14, parental consent for abortion is not necessarily required. A doctor can decide whether you can give consent for an abortion on your own behalf. If you are under 14, you will most likely need a parent or guardian to consent for you.
- Gynaecology Centres Australia provides private first-trimester surgical abortions to NSW women of all ages with 4 clinic locations.
Do Minors Need Parental Consent for Abortion in Australia?
First-trimester abortion is legal in all Australian states.
Second trimester abortions are also legal up to a certain point of gestation (how long you’ve been pregnant), with certain state-based regulations and restrictions on this. The sooner you get medical care, the better.
Women of any age may have an abortion, and this includes young women under the age of 16 years.
It’s possible to become pregnant any time after your first menstrual period (menarche) if you have unprotected sexual intercourse or, if contraception fails. This can be a very confusing, upsetting and scary situation for any woman, but especially so for young people.
If you do find yourself pregnant, you have a few options:
- Continuing with the pregnancy and raising your child
- Continuing with the pregnancy and placing the child for adoption or fostering
- Having an abortion
For a lot of women, especially minors, having an abortion may be the preferred, most practical option, at that point in their lives.
Abortion is an essential women’s health right.
Your health and well-being come first, and it is extremely important that you receive medical care and support at this time, whether you have an abortion or continue with the pregnancy.
Not all young people have (or feel they have) family support when these circumstances arise. The idea of telling parents you have become pregnant (or even having them know you are sexually active) can feel terrifying.
As people under 16 are legally considered to be minors, this scenario also raises some questions about whether parental consent is required for an abortion in Australia.
Age, Consent, and State Laws
Seeing a doctor as a minor without a parent present is possible. If you are under 16, the doctor will consider your age, maturity level, understanding, and seriousness of any medical condition and the treatment you need to decide whether you can give consent without your parent or adult guardian being present and involved.
The level of consent required for an abortion is higher than for most other medical treatments. The requirement for parental consent for an abortion depends on your age and your doctor’s assessment.
NSW, VIC, and QLD Compared
You are not legally required to tell your parents you are pregnant or receiving medical treatment. There is no age limit on getting an abortion.
Abortion in NSW
If you are fewer than 22 weeks pregnant, a GP will discuss your options with you, including likely recommending some counselling before getting an abortion. If the pregnancy is less than 9 weeks along, you may be offered a medical abortion, which involves taking tablets over a few days to cause a miscarriage. After 9 weeks, you will need a surgical abortion, which involves a procedure performed in a clinic or hospital and under sedation.
If you are further along in the pregnancy than 22 weeks, the GP will potentially refer you to a hospital or specialist medical practitioner for further assessment and management of your options.
You may also choose to go to a private abortion clinic (like Gynaecology Centres Australia) – you don’t need a referral from a GP to do this; just call directly or contact them online. You must be less than 14 weeks pregnant to be eligible for this service at GCA.
To consent to an abortion if you are under 16 but over 14, the doctor must agree that you are mature enough to understand your decision, including what is involved in the procedure. This includes understanding the risks, possible complications, and knowing what to expect emotionally. Your consent must be given voluntarily and freely, without you being coerced or pressured.
(The father of a pregnancy does not legally need to be informed of the pregnancy nor give his consent to the abortion; legally, his parental rights only begin upon the birth of a child.)
If you are under 14, regardless of the doctor’s assessment of your maturity, your consent usually can’t be legally given and you will need a parent or legal guardian to provide it.
ACT: as for NSW, with fewer restrictions on gestational time. If you are under 14, your consent being accepted depends on the medical facility/doctor you visit. Parents may also potentially consent on your behalf even without your consent (this would require a court order) but you must freely give your consent too.
VIC: Generally, as for NSW, however, in Victoria, abortion is legal up to 24 weeks of gestation with conditions thereafter.
QLD: As for NSW.
What Do Providers Consider When Treating Minors?
- Your age
- Your maturity
- Your level of understanding
- Your ability to make an informed decision
- Other circumstances relevant to your decision
Confidentiality and Support Options
It’s important for young people who become pregnant to know and understand that there is a range of options and that professional, confidential support is available.
Even if you think your parents will be upset, angry, or disapproving to learn you are pregnant, they may surprise you, and it can be a huge relief to ultimately have their help and support. However, if this is not the case for you, be assured that there are other people you can reach out to for the help and support you need and deserve. This might include another trusted, understanding adult family member (e.g. aunt, cousin, adult sibling), a school counsellor or youth social worker, or another adult you trust and feel comfortable confiding in.
Some information and professional resources to consider for confidential support and guidance include:
- Kids Helpline (or call 1800 551 800)
- ReachOut
- Your GP
- NSW Pregnancy Choices Helpline 1800 008 463
- Your Rights at the Doctor
- Youth Law Australia
- Children By Choice
Regardless of whether you decide to have an abortion or not, it’s very important to receive medical care as soon as possible after you discover you are (or might be) pregnant. This is essential for your utmost physical and psychological health and well-being, both now and in the future.
Gynaecology Centres Australia (GCA) Can Help
GCA has clinics based in Sydney (Hurstville is a suburb close to the city centre), Newcastle, Gosford, and Wollongong. We provide women of all ages with legal surgical abortions in the first trimester of pregnancy.
We are here to guide you through the process of having an abortion with care and compassion. We also provide contraception advice and access, including IUD insertions performed under sedation. (A hormonal IUD delivers long-term, reliable contraception for up to 8 years.)
If you have an abortion with us, you will need to have a responsible support person with you who can also drive you home and stay with you for the rest of the day and night after the procedure. This does not need to be a parent.
(Please note that there is only a partial rebate through Medicare for an abortion with us, and that there is a non-refundable out-of-pocket fee to pay on the day.)
Contact us online or call to book a consultation:
Gosford 02 4324 5176
Newcastle 02 4962 4999
Wollongong 02 4227 4100
Sydney (02) 9585 9599