I've always wondered how much of a real option the judicial bypass is for teens who are seeking an abortion in states with parental consent/notification laws.

The Repro Rights Blog (by way of Feminist Law Profs) has a detailed description of what you need to do if you're a minor who needs a judicial bypass. In most states, reproductive health clinics can help put you in touch with the right people. But I'll put the state-by-state list below the fold.

How to Get a Judicial Bypass

** You can always call your local abortion clinic or the National Abortion Federation (800-772-9100) or Planned Parenthood (PP) (800-230-PLAN). Those seem like really solid places to start.

By state:

AL: Call the clinic
AZ: Call the clinic, then go down to the courthouse, fill out a form, have hearing (see PP)
CO: forms online, call PP
DE: only applies to under 16, call NAF
FL: PATH has some resources; you can call them at (877) FLA-PATH.  You have the right to a free attorney if you need one, says PRCH (pdf)
GA: Can't find much, call the counseling line at 1-800-264-7154
IN: Call the Indiana ACLU at 317-635-4059 ext. 224; the University has a lot of good information, and I bet they have access to more resources
IA: Call NAF
KS: Can't find anything, but you need one
KY: Try the Kentucky ACLU (502-581-1181)
LA: Try the local PP's.  Baton Rouge at (225) 387-1167, New Orleans at (504) 897-9200
ME: Can't find anything.  Try PP, your clinic, or NAF
MA: PRCH (pdf) says to call 1-800-682-9218
MI: PP has some instructions.  First step, call the circuit court in your county & tell them you want information on judicial bypass
MN: This has the names and numbers of people to contact (bottom right)
MS: "If a minor cannot tell her parents, she can go to Chancery Judge in home county or Hinds County to get judicial bypass. Minor will have to convince the judge that she is mature enough and well informed enough to have the abortion without parents' knowledge." (a clinic)
MO: No clue, call NAF
NE: Forms are supposed to be available in any courthouse, but I can't find out where those courthouses are.
NC: The ACLU says you start by filing a petition with the District Court.  Contact the ACLU, NAF, or PP.
ND: Can't find much, call the local PP, national PP, NAF, or your clinic
OH: Call your clinic.  You need to go to the clerk of courts for the juvenile court in your county.
PA: call here
RI: Call PPRI at (401) 421-9620 9health center)
SC: Call PP; the local PP might be able to get you a free attorney.  Or call your clinic.  Here is one of the forms (.doc)
SD: Same PP info as for ND and MN; call NAF, local clinic, or PP.
TN: Try your court's clerk, but also try PP, NAF, or your clinic b/c the clerks a) might not know or b) might not be super supportive
TX: 1-866-www-jane or 1-866-999-5263
UT: Can't find anything.  Call NAF or PP or your clinic.
VA: Call PP at 1-800-230-PLAN or call your clinic.  You could probably call the juvenile court in your county too.
WV: Get a letter from a doc who is not at your clinic or get judicial bypass.  Call the clinic for details.
WI: An adult family member over 25 (.pdf) can give consent (sister, aunt, grandparent, etc.); the blank order form itself is here (.doc), so it seems you have to go to the Circuit Court in your county.  The petition is here (.pdf), by the way.
WY: Can't find much, try PP online or at (303) 321-7526

2 Comments

October 5, 2006 10:35 AM

[0+]  amy said:

The number you gave for Texas is only part of the contact information for Jane's Due Process. Their website is at http://www.janesdueprocess.org, and it includes information about bypass options and the civil rights of young pregnant women.

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October 6, 2006 12:37 AM

[0+]  activistgradgal said:

This is a great idea. Unfortunately though, I think in most cases the answer to the question "how do I get a judicial bypass?" is "be amazingly mature for your age, be annoyingly persistent, uncannily knowledgable about the law, and really lucky."

One of the professors at my undergrad institution did research on how easy it was for a girl to get information about getting a judicial bypass in each of the counties in the state. A young sounding student was hired to call various county court houses requesting information according to a certain script. They found that the majority of the time the caller could not get the necessary information. Sometimes she was scolded for being a slut or for trying to "kill her baby". Most of the time the person who answered the phone (even if she was trying to be helpful) had never heard of a judicial bypass and could not figure out who to transfer the caller to. Some gave obviously false information about the law. Others new what a judicial bypass was, but told the caller she had no chance of getting one because the judges never gave them.

The professor's point, of course, was that this all seems to be a violation of the constitution as parental consent laws have been ruled constitutional only if judicial bypass is an option. Clearly, as a matter of fact judicial bypass wasn't an option most of the time in these counties.

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