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Can you be taken to court over an abortion?

I'm 23 and my mom found out from an unknown source that I had an abortion recently. I never told anyone about the procedure (not even my own husband), so I don't know how this information leaked or who could have told her about this.

My mom threatened to take me to court. I thought "Is that even possible or is she just using scare tactics to intimidate me?" I still don't know. I've been looking for answers and can't find them. I had an abortion performed legally, meaning no criminal activity took place. I'm 99% sure that there is no way she can get me into legal trouble.

I'm starting to suspect that a nurse at the clinic knows my mom somehow or is an acquaintance of hers and told her everything. If that's the case and she told my mother confidential information, what can be legally be done?

-Thank you

10 Answers

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  • Matt
    Lv 5
    9 years ago
    Favorite Answer

    First, as other responses have indicated, I don't believe there is any way that your mother could sue you for having an abortion. As one previous answer implied, there are laws in many states limiting or regulating the right of a minor to have an abortion without her parents' consent. You're an adult, however, and you've represented to us that clinic you visited performed the procedure legally. Even if we assume that you did something wrong, it would be a criminal matter for the local district attorney to prosecute, not something your mother has any standing to address. It sounds like she simply is venting frustrations with your decision, a separate issue for you two to resolve privately.

    If indeed a member of the clinic's staff disclosed your treatment history to any third party without your permission, it would violate the Health Insurance Portability and Accountability Act (HIPAA) and quite possibly state level privacy laws and rules governing the performance of abortions, which protect the confidentiality of patients in many states. Such violations are no joke, and could theoretically cost a clinic employee his job and/or professional license, as well as providing the basis for a civil suit by you against both the employee and the clinic.

    All that said, you appear to have no proof of such disclosure, and there are many other ways your mother could have learned about your decision. Other patients of the clinic, who have no confidentiality obligations, friends, other family members, etc. all could have been the source of the information. Accusing the clinic staff is a very serious matter and, should you do so without adequate proof, could indeed open you up to legal consequences of your own.

    If you are seriously considering such an accusation or other legal action, I advise that you consult with an attorney before moving forward.

  • 9 years ago

    Your mom is just venting out her frustrations. She knows she can't take you to court, she just tried to scare you and apparently you fell big time.

    As for the clinic. You can't take any legal action over an imaginary scenario (you don't know how your mom found out about the abortion.) Your mom could have gotten the news from someone who saw you entering or leaving the clinic, that includes other patients. So be careful about accusing the clinic without evidence or you might get sued for defamation.

  • ?
    Lv 4
    9 years ago

    No, under the Roe v. Wade, the US Supreme Court have ruled that women have the right to an abortion in that states cannot explicitly create laws that make getting an abortion unduly burdensome. Any laws that do so violate the equal protection clause in the U.S. Constitution.

    As far as your situation, your mom can't sue you for getting an abortion or to stop you from getting an abortion. Doing so would be unconstitutional and the case would be thrown out immediately.

  • 9 years ago

    Take you to court over what?

    If abortions are legal... and they are... then there is nothing wrong. She has no right to say whether you can get one or not, and she has no right to know if you get one or not.

    If you can trace down who revealed this info to her, if it was a nurse at the clinic, she could be sued for HIPPA violations.

    However, I don't know what your mother could sue you for. There is no grounds at all. A judge would look at the lawsuit and dismiss it.

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  • Your mother has no possible cause for 'taking you to court'. You have broken no laws, it is none of her business.

    As for a lapse of confidentiality: even if it can be proven, the only possible action would be that the office would be censured for a violation of HIPAA, a small fine at most. You cannot sue.

  • 9 years ago

    she can take you to court, but only if she has reasonable grounds, and i believe there is a law tht allows children to keep their parents from knowing about their abortion, i think it's called undue burden. if the confidentiality was broken, u will win the case if it goes to court

  • 9 years ago

    No. You can't be taken to court.

    And no, you can't do anything over your mother finding out because your suspicions are not proof and I guarantee you won't be able to find sufficient evidence that anyone did anything wrong.

  • 9 years ago

    She has no legal grounds for a lawsuit.

  • 9 years ago

    Not possible for your mother if you have sufficient ground--whatever it might be.

  • 9 years ago

    no you can't go to jail

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