The Judicial Bypass for abortion is an order from a judge that allows a minor to get an abortion without the notification or consent of her parents.
The judicial bypass procedure in ENTIRELY CONFIDENTIAL. No one will know your name or that you filed an application.
For more information contact Jane’s Due Process’s hotline (866) 999-5263 for any minors who need support accessing abortion through the the process.
They accept calls 24 hours a day and texts between 8 am-11 pm every day of the week.
If you’re a minor and are seeking abortion care, click on the city or state you live in or nearest to you to find a reputable abortion clinic.
At the top of each STATE page of the Abortion Clinics Online directory there is a link to NARAL Pro-Choice America website stating that State’s Abortion Regulations. It will say whether or not the bypass is acceptable in the state for an abortion.
The answers below may vary from state-to-state.
Who is considered a minor? A young woman under the age of 18 who has never been married or emancipated by court order.
What is required – parental consent or parental notice? Consent.
Who must provide consent? One parent or legal guardian.
Are there other trusted adults who may provide consent instead? No.
What is the process for obtaining consent? A young woman may not obtain an abortion unless the attending physician secures the written consent of one parent on a form provided by the physician. The consenting parent must provide proof that he/she is the young woman’s parent or legal guardian.
May the parental mandate be waived if a young woman is a victim of rape or incest? No, although the court shall not be required or permitted to contact the minor’s parent or legal guardian, if the minor’s parent or legal guardian is aware of the judicial- bypass proceeding, the parent or legal guardian shall be allowed to participate in the proceeding against the wishes of the young women.
May the parental mandate be waived if a young woman is a victim of child abuse? No.
May the parental mandate be waived if a young woman’s health is threatened? Yes, but only if the physician determines that a “medical emergency exists that so compromises the health, safety or well being” of the young woman as to require an immediate abortion.
May the parental mandate be waived under any other circumstances? Yes, the young woman may try to obtain permission from a judge.
If a young woman must obtain permission from a judge, what is the process? She must secure a court order stating either that she is mature and well informed enough to make her own decision or that an abortion is in her best interests.
Are there other significant requirements under the law? Yes, a young woman must present proof of maturity and knowledge of abortion. Young women are allowed to receive abortion care from physicians only.
Has a court considered the constitutionality of this law? Yes. A court upheld the constitutionality of this law as applied to a minor ward of the state who lacked a parent from whom she could obtain consent. Ex Parte Anonymous, 531 So. 2d 901 (Ala. 1988).