If you’re a parent considering an abortion, you may be wondering if that choice could put you at risk of a Child Protective Services (CPS) investigation. I Need An A and If/When/How want you to know that many parents decide to have an abortion because it is the best decision for them and their family. We want you to have all the information you need to feel supported, no matter what you decide to do.

Can CPS get involved if I have an abortion?

Having an abortion—whether at a clinic or self managing with pills—is not a reason to be reported to CPS. It is not a crime. But, in rare cases, especially when someone self manages or goes to the emergency room afterward, abortion has led to CPS involvement.

Let's be clear - healthcare providers do not have to report someone to the police or CPS for having an abortion, including a self-managed abortion. But what the law says and what happens in real life can be different.

Here are some ways CPS involvement can happen due to an abortion:

🚩 If a parent is reported to the police for self-managing their abortion, research shows that CPS will be called.

🚩 If a healthcare provider or clinic staff believe they need to make a call based on something shared during an appointment.

Healthcare providers and clinic staff are mandated reporters. This means they are legally required to report suspected child abuse or neglect. What is considered child abuse and neglect depends on the laws in each state. Though unlikely, this means there is a chance they might report you to CPS. The risk is higher if you talk about:

• struggling with housing, food or other basic needs
• Mental health or disability
• Drug use during pregnancy

🚩 People experiencing intimate partner violence can face a higher risk of being reported to CPS.

Sometimes, the abusive partner can make the report. Other times, hospital staff report that there are kids at home because they may believe the violence is putting your child at risk or that calling CPS will help get you resources to leave. But CPS getting involved often causes more harm than help.

If you are experiencing intimate partner violence and need help, call or chat with the National Domestic Violence Hotline.

🚩 If the person getting the abortion is a minor, particularly if they’re under 15 and going to a clinic.

Every state has statutory rape laws. These laws say people can only consent to sex after a certain age, no matter the age of the other person. Healthcare providers, including clinic workers, are mandated reporters and may be required to ask about how your teenager got pregnant. You or your teen don’t have to share any information about the other person involved if you’re not comfortable.

What rights do I have as a parent when CPS is involved?

You do not have to share any information to CPS about your abortion and/or medical history that you don’t want to share.

Do not sign any paperwork (“release” or “HIPAA form”) without talking to a lawyer first. You can tell them that this is private medical information that is protected by HIPAA and you don’t want to speak about it without talking to your lawyer first. If CPS contacts you and is asking you questions about your abortion, you can contact the Repro Legal Helpline at 844-868-2812.

You do not have to speak to CPS if you do not want to.

You also do not have to let them into your home without a warrant or court order signed by a judge. But that does not mean the investigation will stop or the case will end.

CPS may contact other people in your and your children’s lives, like family, neighbors, or teachers, for more information. They might also decide to get a court order saying that you must meet with them or let them see your children. Everyone’s situation is different, and only you know what is best for you and your family.

You do not have to let CPS talk to your child(ren).

If they are old enough to speak, CPS will probably try to talk to them alone. CPS may do this when they first come to your home, or they may go to their school. You can tell the school that you do not want CPS talking to your children without you. Or that they notify you if CPS contacts the school. But many schools have agreements with CPS that they will let CPS interview children at school without a parent. CPS may also decide to bring you to court so they can get an order from a judge that lets them talk to your child(ren) without your permission.

If you decide to talk to CPS, remember that everything you say and do will be documented by CPS and can be used against you in court later.

That means how you say something can be just as important as what you say to CPS. If CPS believes you’re being rude or defensive, that can impact their decision making in your case. Try to stay as calm as possible when talking to CPS.

How can I reduce my risk?

Be mindful of who you talk to about your abortion and how you communicate about it.

You do NOT have to tell anyone about your abortion.

• If you’re worried about going to the emergency room or hospital after an abortion or miscarriage, read this article.
• To learn about your rights when talking to any healthcare provider about your abortion or miscarriage, read this article.
• Learn more about how to keep your information private.
• To learn more about how immigration status can affect abortion access, read here.

Find free legal, medical and emotional support.

• Repro Legal Helpline: get all of your legal questions answered, including questions about CPS.
• M+A Hotline: get your medical questions answered by a volunteer doctor.
• Reprocare: Peer support hotline for people using abortion pills.
• Aya Contigo: A digital companion for sexual and reproductive health care with a live chat.

FAQ

Abortions are safe and common—and you shouldn’t have to fear legal consequences or losing your children because of decisions about your body and your family. We hope this article helped you feel more prepared and supported. You always have options, and you’re never alone.

Find your abortion options at ineedana.com, and get your legal questions answered by the Repro Legal Helpline 💜 Want to hear from people who were already parents? Check out this collection of their stories.