Sex ed Rights

• In Montana schools, “health enhancement” is a required subject for graduation. This is to include HIV/AIDS education.
• Abstinence must be taught as the only completely effective protection against unplanned pregnancy, sexually transmitted diseases, and HIV/AIDS.
• Teaching about contraceptives, such as condoms or the Pill, is not required.
• In Montana, when it’s offered, students do not need their parent’s or a guardian’s permission to participate in sex ed or HIV/AIDS education classes.
• If you want your school to offer comprehensive sex ed, be sure to learn more at SIECUSabout your state. You can make a difference!

HIV/AIDS and Other STDs Education

• Montana state law requires HIV/AIDS education.
• In Montana, students do not need their parent’s or guardian’s permission to participate in sexuality education or HIV/AIDS education classes.

Age of Minority

17

• In Montana, as with most states, you are considered a minor (someone who is not an adult) if you are under 18 years old.
• This is a legal status that lawmakers created for your protection. We want you to be informed because being a “minor” affects your right to information and services. To learn more, read on!

Age of Consent

16

• Legally, people can’t consent (or agree) to sex (with someone who is considered an adult) until they reach a specific age. This is called the “age of consent.”Consent laws are meant to protect minors from being manipulated or forced into sex with older people.
• The age of consent in Montana is 16.

LGBTQ Rights

• Schools in Montana have no Safe Schools Law in effect, which is a statewide anti-harassment and/or non-discrimination law that includes the categories of sexual orientation and gender identity.
• There are no statewide anti-bullying laws to protect students based on sexual orientation and gender identity.
• State hate crimes laws do not include protections based on sexual orientation and gender identity.
• If discrimination, harassment or a hate crime happens to you or someone you know, please call the Gay and Lesbian National Hotline at 1-888-THE-GLNH (843-4564) for help and support, or check out Lambda Legal. No one deserves discrimination or harassment!

HIV / AIDS Testing

• You don’t need permission from your parent or guardian to get tested for sexually transmitted diseases (STDs) and HIV in Montana. However, a physician may (but is not legally required to) inform your parents/guardian.
• If you’re a minor, it’s important for you to ask questions about confidentiality when you call to make your appointment. Specifically ask, “If I make an appointment and receive any kind of services at your clinic, will you tell my parents or anyone else?” This applies to all services, including testing for pregnancy and sexually transmitted infections, including HIV.
• Find an HIV testing site in your area here or call the Centers for Disease Control’s 24-hour National AIDS Hotline at 1-800-CDC-INFO (232-4636).

Condoms

• People of any age, including teens, can buy condoms from a drugstore, pharmacy, grocery store or even online. A pack of twelve condoms costs about $12. Internal or female condoms are about $2 to $4 per condom.
• You can get condoms for free or at a reduced cost from health clinics (like Planned Parenthood), HIV testing centers and local health departments. Call 1-800-230-PLAN (7526) for the nearest Planned Parenthood.
• Always check the expiration date on condoms to make sure that the condoms haven’t expired yet. For information on how to use a condom correctly, check out this FAQ. Learn all about internal/female condoms on Sexetc.org.

Birth Control

• All minors are allowed to get a prescription for birth control without a parent’s permission in Montana. However, a doctor may (but is not required to) inform your parents/guardian.
• Visits to clinics known as Title X (ten) clinics are confidential for teens and adults.
• Use this tool to find a Title X clinic near you:
• Or call 1-800-230-PLAN (7526) for the nearest Planned Parenthood.
• When you make an appointment for health care, ask about confidentiality rules. When you call, ask:
  • Can I get services at your office without my parents’ permission?
  • Can my parent/s have access to my records?
  • Will my parent/s see the bill?
• It is your right to get sexual and reproductive health care where you feel safe and comfortable, so don’t worry about asking these questions.

Abortion Access

This section is currently being updated and may not have the most current information (as you know, these laws have been shifting quickly). We are working to refresh it ASAP! For now, you can see updated abortion policies here.

• In Montana, a law requiring people under 18 to receive permission from a parent or guardian has been temporarily blocked by courts, so there is no law in place right now that requires a teenager to get their parent’s permission to have an abortion.
• There is no mandatory waiting period in Montana before someone can get an abortion. (The law that had required a waiting period has been permanently blocked by the courts.)
• Montana provides Medicaid (health care) coverage for abortions in the cases if the pregnant person’s life is endangered, and for pregnancies that are a result of rape or incest.
• If you need help paying for an abortion, call the National Abortion Federation Hotline at 1-800-772-9100, Monday–Friday, 7 a.m. to 11 p.m.; Saturday–Sunday, 9 a.m. to 9 p.m. (Eastern Daylight Time). The hotline can tell you where and how to get financial help for an abortion in the U.S.

Adoption

• In Montana, you may be required to get a parent or guardian’s permission to choose adoption.
• To learn more about adoption, visit the National Council for Adoption.

Pregnancy

• You do not need a prescription from a doctor or health care provider to get a pregnancy test. You can purchase a pregnancy test from a pharmacy, grocery store or online. They cost between $10 and $18. You can also take a pregnancy test at a doctor’s office or clinic, like Planned Parenthood. Many clinics offer free or reduced-cost pregnancy tests.
• Visits to clinics known as Title X (ten) clinics are confidential for teens and adults.
• Use this tool to find a Title X clinic near you:
• Or call 1-800-230-PLAN (7526) for the nearest Planned Parenthood.
• If you pay for your visit by using your family’s health insurance, your parents are likely to see the details of your visit when the bill arrives. Almost all clinics provide free or reduced-cost services to teens to make it easier to afford services.
• Beware of so-called crisis pregnancy centers (CPCs). These centers claim to give you complete and accurate information about your pregnancy options when they actually want to discourage you from getting an abortion. They offer misleading and medically inaccurate information about abortion. Common names of these centers are “Crisis Pregnancy Center,” “Pregnancy Aid,” “Birth Right,” “Open Door” or “Pregnancy Counseling Center.” They are often set up near clinics and Planned Parenthood locations in order to confuse patients to accidentally enter the CPC instead.

Emergency Contraception

• There are several types—or “brands”—of emergency contraception, sometimes called EC or the morning after pill.
• People of any age can buy the brand Plan B One Step and its generic versions at a local pharmacy over the counter, which means you can buy EC without a prescription.
• EC sells for between $35 and $60. Prices vary depending on the brand and the pharmacy.
• To find an EC provider, call the Emergency Contraception Hotline at 1-888-NOT-2-LATE (668-2528). They can help you find access to EC if you’re having any trouble at all.
• Montana does not require emergency rooms to provide EC or information on EC to rape survivors.
• If you have been raped and you want EC, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). Open 24 hours, the hotline will connect you to EC providers near you. For other helpful information, check out the Rape, Abuse & Incest National Network’s Web site.

Sexting

• There are no laws in Montana specifically regarding sexting. However, sexting falls under state child pornography regulations, which state that pictures of a person under 18 engaged in sexual behaviors is a crime. While someone can be 16 and have consensual sex with an 18-year-old in Montana, that same person could send photos of his or himself to the 18-year-old and both could be in serious legal trouble for child pornography.