Whether a parent's fundamental right to direct the care and custody of his or her children includes a right to know and participate in decisions concerning their minor child's medical care, including a minor's decision to seek an abortion

Montana’s Parental Consent for Abortion Act of 2013 requires physicians to obtain notarized written consent from a parent or guardian before performing an abortion for a minor. To comply with this Court’s pre-Dobbs cases addressing parental rights and a minor’s right to an abortion, the Consent Act included a judicial bypass procedure allowing minors to seek an abortion without their parents’ consent. Yet the Montana Supreme Court held that the Consent Act violates a minor’s fundamental right to privacy because it conditions a minor’s abortion access on parental consent. While the court recognized that parents have a fundamental right to direct the care and custody of their children, it held that this right is superseded by a minor’s right to obtain an abortion. The question presented is: Whether a parent’s fundamental right to direct the care and custody of his or her children includes a right to know and participate in decisions concerning their minor child’s medical care, including a minor’s decision to seek an abortion.