ABA Family Legal Guide

Health-Care Law

Specific Issues in Health Care

Abortion

What is a judicial bypass option?

All parental consent laws are required to be very limited in their range, and they must include what is called a judicial bypass option. A judicial bypass option allows a woman under eighteen to go to court for a judicial hearing when her parents refuse to consent to an abortion. This option allows minor women to request that a judge waive parental consent requirements, particularly when the minor is mature or when the judge finds that an abortion would be in the best interests of the minor.

This can be a traumatic experience for young women. Courtrooms are intimidating even to adults, much less minors. Hearings are scheduled during school hours. The woman must discuss her most personal concerns with the judge, a total stranger.