Abstract
Across the judicial landscape of U.S. Circuit Courts of Appeals, no state shall deprive any person of life, liberty, or property, without due process of law or at the prerogative of Congress and HHS. Veiled behind the complexity of administrative law, 42 C.F.R. § 59.10(b) precludes parental consent notifications for all Title X services for all parents. In 2020, the HHS Final Rule came to light after the District Court for the Northern District of Texas vacated the directive. Although the 5th Circuit affirmed and reversed in part, HHS does not enforce § 59.10(b) in Texas. For the rest of Americans, § 59.10(b) continues to encourage family planning without family participation. In hopes of returning power to parents, this Note offers both judicial and legislative solutions. Constructed from the opinions of Parham v. J.R. and Troxel v. Granville, this Note explains how a Parham-Troxel methodology may reestablish the fundamental right to parent. By balancing the parent-child interest and tailoring the statute, Title X can simultaneously advance the interest of Congress and parents. In conclusion, parents inherently possess fundamental rights that no administration can simply override through clandestine schemes.
Recommended Citation
McGuire, Matthew S.
(2025)
"Father of the Bride: Vindicating Deanda’s Claim Against 42 C.F.R. § 59.10(b),"
Helms School of Government Undergraduate Law Review: Vol. 4:
Iss.
3, Article 3.
Available at:
https://digitalcommons.liberty.edu/helmsundergraduatelawreview/vol4/iss3/3