Do I lose any rights if I′m pregnant?
Not long ago, the answer to this question was a definite yes. In the 1970s, you could have been asked to drop out of school if you were an unwed pregnant minor, or you could have lost your job for taking maternity leave.
U.S. Supreme Court Justice Harry Blackmun said that the sex discrimination laws mean that “women as capable of doing their jobs as their male counterparts may not be forced to choose between having a child and having a job.”*
The law now allows you to continue your education if you′re pregnant.You can′t be discriminated against because you′re pregnant or because you′ve had an abortion. Some school districts offer programs for pregnant teens, allowing them to obtain prenatal care and parenting classes, and to stay on track with academic schoolwork. Check to see if your district offers these opportunities.
You may also be able to obtain prenatal medical care, with or without your parents′ consent. If your parents know about the pregnancy and are supportive, all the better. But if they don′t know, or if they oppose it, you can still get the medical attention you and the baby need.
In 1978, the Pregnancy Discrimination Act regarding employment was passed. The Act applies to you whether you′re a teenager or an adult. It prohibits any discrimination based solely on your medical condition, resulting from an abortion or a pregnancy.
Photo by Polina Sergeeva
If you′re a full-time employee, you may take maternity leave (often without pay) and without fear of losing your job. This affects few teenagers because most aren′t employed full-time. Depending on the circumstances, maternity leave may apply to teenage parents. States may have their own laws on this subject, so check into your local rules or contact the Equal Employment Opportunity Office (EEOC).
The courts have gone one step further in eliminating discrimination against women in the workplace. The Supreme Court ruled in 1991 that employers can′t exclude women of childbearing age from jobs that pose reproductive hazards, such as industrial jobs. Gender-based discrimination, whether to protect the mother or her future children, is unlawful.
*Auto Workers v. Johnson Controls, 499 U.S. 187 (1991).
“What makes you a man is not the ability to have a child but the courage to raise one.” This applies to teen parents, boys and girls, as well. -President Barack Obama
FYI
Campaign for Our Children
www.cfoc.org
Lots of information about teen pregnancy. The site was designed for parents, but you can go here, too.National Campaign to Prevent Teen Pregnancy
teenpregnancy.org
This site offers lots of information on and research about teen pregnancy. Read others′ stories, learn about STDs, and much more.For current CDs, videos and books about teen health and pregnancy take a look at: http://www.youthtoday.org/
This post was written by Tom Jacobs. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
Hi Judge,
I had some questions. Im 17 and had a baby. Just recently i signed guardianship to my grandparents. Not knowing that they’d not let me see my son. Or have anything to do with him for that matter. I’ll be 18 soon, i want my son back and i was wondering if i could just go to my grandparents and ask them back for my son. Will it be illegal for me to take him back?
Dear Jessie: Talk with your grandparents about your son’s return to your custody. Since you’ll be an adult soon and are his legal parent, you do have rights regarding his custody. Under the laws of your state, you may be able to rescind the guardianship you signed. Contact your local family court to see if they offer the public any legal advice regarding guardianship of children, custody and visitation issues. Many cities across the country have a Free Legal Assistance Program that allows you to receive advice from a lawyer for 30 minutes or so at no cost to you. Good luck.
[This is information only - not legal advice].
I was wondering what it will take to get my child back in to my custody. My parents have guardianship, and I would like full responsibility of him. What can I do to get the guardianship undone?
Dear Sabrina: If the guardianship was court-ordered, it will take a court order to modify or vacate the order. If you used a lawyer to establish the guardianship, contact him/her for information about reversing it. You could also contact the court to see if there is a list of lawyers you can call for advice. There are many types of guardianships and each has a process to change or end it. Good luck.
[This is information only - not legal advice].
I am 17 years old and pregnant my boyfriend is 18 years old. I love in Florida can he go to jail?
Dear Alice: If you are referring to statutory rape since you’re a minor, it’s unlikely that he has broken the law. Such laws are usually written to protect younger teens from relationships with older adults. Google “Florida statutory rape” for more information. Stay healthy for yourself and your baby.
(This is information only – not legal advice).
What is the law in Michigan concerning teen parental rights? Can the parent of a 16yr old make her give her child up for adoption? What are some alternatives for a teen mom with unsupportive parents and no family to turn to?
Dear Lisa: In most states, the decision to give up a child for adoption belongs to the mother and/or father regardless of age. There may be exceptions to this depending on the circumstances.To read specific information regarding Michigan law, Google “Michigan teen parental rights.” There are public agencies & private organizations that provide services to teen parents, including housing and medical care if needed. Take a look at this government website for some information about teen parents and adoption:
http://www.michigan.gov/documents/dhs/DHS_Program_List_207362_7.pdf
You might also speak with a family or juvenile law attorney. He or she would know what’s available in your area. Many lawyers provide free consultations for 30 minutes or so, just enough time to explain the situation and obtain some resources. Good luck.
(This is information only – not legal advice).
I will be 17 in two weeks and my father is trying to get a court ordered adoption after my baby is born. I want to keep it. He also is trying to tell me to move back home from my grandmothers so he can keep me locked in a room. What can I do?
Dear Megan: Every state has specific laws regarding adoption. Generally, as a teen mom, you have rights over your baby. In order for your child to be adopted by anyone, you must consent to it or there needs to be a court order terminating your parental rights to the child. Talk with an adult you trust about this and your living situation. For example, a school counselor, your grandparents or the parents of a close friend. If you are in any danger of being abused or neglected, you can always call Child Protective Services. ChildHelp exists to help kids in abusive situations. 1-800-422-4453. Good luck.
(This is information only – not legal advice).
Hi judge,
I have a question,i am 17 years old and pregnant and i was wondering if it is possible for me to drop out of school, i live in the state of claifornia?
Dear Adriana: Compulsory education laws in your state require you to be in school until you are 18. However, there are exceptions to this requirement. The following statement is from the California Department of Education’s website: “California compulsory education law requires everyone between the ages of six and eighteen years of age to attend school, except sixteen and seventeen year-olds who have graduated from high school or passed the California High School Proficiency Exam (CHSPE) and obtained parental permission to leave.” So, try talking to your school counselor about your pregnancy and your thoughts on dropping out. He/she could provide other options like alternative schools, GED programs, etc. You already have so many years behind you in school and only have a short period before receiving your diploma. That’s huge and could greatly benefit your future. Take care of yourself.
(This is information only – not legal advice.)
Hey judge,
I am 16 and live in North Carolina. I am possibly pregnant and my parents said that if I am, when the baby is born they are taking custody of the baby. Can they do that? I am going to work so that I can take care of him/her. I am wanting to raise it and care for it considering it is my child. They want him/her to grow up thinking I am it’s sibling. Do I have a say so in whether or not they can do this? Any advice would be great and extremely helpful.
Thank you,
Amanda
Dear Amanda: The laws regarding parental authority over pregnant teens differ from state to state. Here is a government web site in North Carolina with information, phone numbers, etc.
If you Google “North Carolina teen parents,” you’ll see additional resources that may help you out.
Good luck and stay healthy.
(This is information only – not legal advice).
Hey judge,
I am 15 and getting ready to have a baby. I want to know if I have legal right over who is in the delivery room with me. My parents say that I have no legal right and that the father of the child cannot be in there with me by their choice. What do I actually have say over?
Dear Jullian: Your rights as a teen parent depend on specific laws in your state. The hospital policies and procedures may also have a say in who is allowed in the delivery room and under what circumstances. You can speak with someone at the hospital about this or go online to the hospital’s website for information. You can also ask your doctor who should know the rules of the hospital where he or she practices. You can also Google the name of your state and “teen parent rights” for additional information. Good luck to you & your baby. Stay healthy even after delivery.
(This is information only – not legal advice).