Judicial Waivers of Parental Consent for Abortion: Tennessee's Troubles Putting Policy into Practice*

According to the U.S. Supreme Court, minors seeking abortions are entitled to petition for relief from state‐mandated parental consent. To facilitate the actualization of this right, Tennessee included procedural mechanisms that go beyond those in effect in most states in its parental consent statute. This paper examines whether these additional mechanisms allow Tennessee to succeed where other states have failed. Our findings indicate that these mechanisms mitigate to some extent the sort of implementation failure observed in other states. However, the magnitude of this mitigation is not sufficient to establish that parental consent statutes can be implemented in accordance with Supreme Court requirements.