For free and confidential legal advice about this topic, please contact us here.
Depending on your individual needs, there are a range of options that help to support young people that are pregnant. This includes raising a child, having an abortion or putting up your child for adoption. At all times, your health care comes first and should be your priority in all circumstances.
Pregnancy can be confusing and scary, particularly for a young person. If you’re pregnant, it is a good idea to talk to someone about your situation. If you don’t feel comfortable talking to someone that you know such your parents or a friend you trust, you can always talk to a school counsellor. There are also a number of other organisations you can call. You could try:
If you are pregnant, the most important issue is to make sure you receive health care and support throughout your pregnancy. It is important for you to talk to a heath care professional, who will be able to best explain all the options you have and their consequences. In Australia, free medical treatment is provided to all citizens and permanent residents through the Medicare system. For more information see this Medicare page.
If you are under 16 years of age, the doctor will need to determine whether you are able to consent (agree) to medical treatment (including seeing a General Practitioner) based on your age, maturity, the seriousness of the treatment you are wanting or need, and whether you fully understand what is involved. If the doctor thinks that you are able to consent, then the doctor will be able to see you without telling your parents. This means whatever treatment the doctor proscribes you or whatever you discuss with the doctor is private and the doctor must not tell anyone else this information, including your parents. However, if the doctor thinks that you are not able to consent because you do not understand what is involved in the medical treatment; the doctor might want your parents to be involved. For more information, see our page on your rights at the doctor.
If you want some legal help or advice, you can contact us here.
There is no law that requires you to tell your parents about any medical treatment you have received or that you are pregnant. You may think that your parents will disapprove or be upset when they find out you are pregnant. If you need some help telling your parents you are pregnant you can call the Kids Helpline on 1800 55 1800, which offers a free counselling service.
Once you have found out that you are pregnant you have a number of options. If you decide that you do not want to raise the child, you may be able to get an abortion or give the baby up for adoption. You may also decide you want to raise the child yourself.
In South Australia, abortions are only lawful in two circumstances.
Firstly, an abortion is lawful if:
Each of these requirements will be explained below.
Continuing the pregnancy will be of greater risk to your health or life than terminating the pregnancy
In order to determine whether continuing the pregnancy will be of greater risk to your health or life than if the pregnancy was terminated, the doctor may consider your mental or physical health at the time you see the doctor and also in the future.
The second circumstance where an abortion is lawful is if
An abortion cannot be performed where the child is capable of being born alive unless it is necessary to prevent the mother from dying. This usually means that an abortion cannot be performed after 28 weeks.
If you want to get an abortion and you are under 16 years old, the same laws about seeing a doctor without your parents’ permission apply. The doctor must think you are mature enough to be able to understand the procedure and what is involved before they will perform the procedure on you. For more information, see our page on your rights at the doctor.
However, even if the doctor thinks you are able to consent, if you are under 14 years old, some medical centres may require you to have your parents’ permission before they perform an abortion procedure.
If you want some legal help or advice, you can contact us here.
You might decide to have the baby but may not feel that you are able to (or want to) raise the child yourself. You may decide you want to put the child up for adoption. This means the child will legally and permanently become part of a new family, and the birth parents no longer have legal rights over the child and cannot claim the child back. This means the birth parents will not be able to make decisions for the child or have any responsibilities over the child.
To begin the adoption process, you and the father must agree to have the child adopted. You will be given counselling before you are able to agree to the adoption. After both parents have consented to the adoption, both birth parents have 25 days to change their mind about the adoption. In this period you or the father can write to the Department of Child Services to say that you no longer agree to have the child adopted. After this period, an adoption order can be made which will give the adoptive parents all legal rights over the child and the birth parents will not be able to make decisions for the child or have any responsibilities over the child.
If you go to a public school, your school cannot ask you to leave or request that you continue your studies from home just because you are pregnant or have a baby. This is discrimination and it is illegal. If your school asks you to leave or requests that you stay at home while you are pregnant then you should contact the Department of Education and Child Development, the Equal Opportunity Tribunal or the Australian Human Rights Commission. For more information see the School Discrimination page.
Once you have had the baby, you may like to return to school or engage in flexible or part-time study. You should talk to your school to discuss the best options and what will work well for you.
Unfortunately, not all schools have to follow anti-discrimination law. Religious schools do not have to follow some anti-discrimination laws. This means that private schools are able to:
After you have the baby, you must register the birth at the Births, Deaths and Marriages Registry within 60 days of the child’s birth. You must register the birth even if the baby was not born in a hospital. The hospital, doctor, or midwife may give you the forms to fill out to register the baby’s birth or you register the birth online. There is no cost to register your child within 60 days of its birth, however, if you apply for a birth certificate you will need to pay a fee.
If you have the baby, your baby will be entitled to free health care through Medicare. During the first years of the baby’s life, your baby may require many important immunisations. There is no current law that requires you to get your child immunised. However, your child’s history of immunisations may be required by the school when you enrol your child for the first time and your child may be excluded from school if there is an outbreak of a contagious disease at the school if he or she is not immunised. You can claim back the cost of these immunisations through Medicare.
In South Australia, the Women’s and Children’s Health Network provide a valuable service to help new parents care for and raise their baby. The service offers a home visit after the birth of a child, information for new parents on areas like breastfeeding, the baby’s growth and development, immunisation and safety. All services are offered free of charge to South Australian residents.
A list of the early childhood centres near you can be found at the South Australia Parenting and Child Health website.
If you have a question about pregnancy that we haven’t answered here, you can get help here.
If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below.Get help now