For teens in Texas, getting birth control without parental consent just got even tougher

State law requires minors to obtain parental approval before receiving contraception. But some federal clinics were exempt from that requirement—until now.

By Shefali Luthra

Originally published by The 19th

Federally funded family planning centers in Texas must receive parental consent before prescribing birth control to teenagers, an appeals court ruled Tuesday, partially upholding a decision from a lower court.

The decision was issued by a three-judge panel from the U.S. Court of Appeals for the Fifth Circuit. It’s the highest profile legal challenge to birth control access since Roe v. Wade was overturned in June 2022, and could be appealed to the Supreme Court.

The case concerns a potential conflict between Texas and federal laws. Texas requires minors to get parental approval before receiving contraception. But these federal clinics, funded through the national Title X program, had been exempt from that requirement. That is because the federal law creating Title X did not require clinicians to get family consent, instead suggesting that they involve families “to the extent practical.” Prior to this case, federal courts had consistently found that Title X guaranteed minors the right to access birth control without parental involvement.