Abortion Explained!
Parental Involvement Laws
The information on this page is for informational purposes only.
If you’re under 18, want an abortion, and your state has a law requiring you to tell a parent or legal guardian or get their permission before your abortion but you’re unable to, visit If/When/How’s Judicial Bypass Wiki for more information and legal assistance.
What is a Parental Involvement Law?
Most states in the country require young people under the age of 18 to notify or get permission from a parent or legal guardian before an abortion. These are additional legal barriers that are designed to make abortion access more challenging for young people who can get permission from a parent or guardian and really difficult to nearly impossible for those who cannot.
People who want to ban abortions have used myths and abortion stigma to justify these laws by claiming that young people who want abortions aren’t “mature” enough to make their decision. But, young people are capable of deciding if, when, and how they’d like to grow their families and research shows most young people involve a trusted adult or loved one in their abortion decision.
“I was living separately from my parents. I was taking care of myself as best as I could, managing a healthy school and work balance, and finding a way to provide myself with everything I needed...I’m a Christian. I kept my faith in God the whole time. I was in constant prayer as I took off school multiple times to attend court and visit the clinic. In the end, I was lucky to have a wonderful judge who approved my bypass.”
— Cowanda Rusk, We Testify storyteller
There are two types of parental involvement laws: parental notification and parental consent.
You can bypass these laws if you’re already married or are legally emancipated from your parents or guardians.
Parental Notification.
Parental notification requires that one or two parents or a legal guardian be notified of your decision ahead of time by the clinic or other specified entity.
Parental Consent.
Parental consent requires that a clinic obtain written consent from one or two parents or a legal guardian at the time of your abortion. In a few states, a grandparent or another adult relative may be able to consent.
If a young person isn’t able to obtain the required consent or make the notification, they can try to obtain something called a judicial bypass, which means they have to go to a court and ask a judge for permission to have the abortion without notifying or getting consent from their parents or guardians. However, it is a long—sometimes weeks-long—burdensome process that often requires young people to miss a day of school and/or work to be heard by a judge who may or may not support abortion. Some judges have made condescending and stigmatizing comments about a young person simply because of how they look, where they come from, the color of their skin, how they became pregnant, or whether they’re already parenting.
The American Academy of Pediatrics affirms that you, as a young person, have the right to confidential abortion care.
Parental involvement laws are abortion bans.
Parental involvement laws are designed to stigmatize and shame you for wanting an abortion, assume that you’re incapable of making the decision for yourself, assume that your loved ones don’t support your decision, and are basically trying to make abortion inaccessible for young people. They’re trying to ban it for you because of your age.
However, if you can’t involve your parents in your decision, you’re not alone. Those who can’t always have a good reason not to; for some, it’s because they’re worried they’ll be thrown out of their home or because a family member is abusing them, while others may not have good communicative relationships with their parents or guardians, they may not be able to contact them, they may be in foster care, incarcerated or other state custody and it’s difficult to obtain permission, or they may not have parents or guardians at all. Some states require both parents to give consent which can be difficult for people who are raised by one parent or do not communicate with one or both parents. Parental involvement laws assume that all families look like the fake ones depicted on TV shows of the 1950s.
Because parental involvement laws are so hard and tiring to navigate, some young people decide to wait a few weeks until their 18th birthday so they can make their decision free from this medically unnecessary restriction. While that might make it legally easier, it can be logistically harder and financially harder because many young people then have abortions later in their pregnancies which can be more expensive and not as widely available at local clinics. Parental involvement laws risk the safety and well-being of young people who are already experiencing financial, legal, and logistical barriers when it comes to accessing abortion care. Ironically, there’s no parental involvement required if you’re under 18 years old and want to continue a pregnancy — only if you want an abortion. No matter what, it should be your decision.
“When I decided to have an abortion, I didn’t realize how difficult it would be — not the procedure, but the process of getting there. At the time, I was living with my fiancé, apart from my parents; my mom was incarcerated and my dad is homeless. They weren’t in a situation to support me legally, financially, or emotionally. Because the state of Texas requires anyone under 18 to obtain parental consent, I needed their permission to get an abortion — something I didn’t have to do when I decided to have my daughter. This meant that before I could have the abortion, I had to see a judge and get the court’s permission to access my constitutional right not to have another child because I did not have a parent’s consent, a process also known as judicial bypass. It seemed weird to me that I didn’t need anyone’s permission to become a parent, but I needed to prove to the state that, as a parent, I was mature enough to not have another child.”
— HK Gray, We Testify storyteller
FAQs
What Is a Judicial Bypass?
A judicial bypass is written permission from a judge that allows you to have an abortion without involving your parents or guardians. You have the right to a free, court-appointed attorney when petitioning for a judicial bypass, and the attorney is there to help you prepare for your hearing with a judge (which is basically like a conversation!) It does not cost anything to seek or obtain a judicial bypass, but you should prepare to potentially miss school or work, and arrange childcare for your little ones, as judicial bypass hearings are generally during business hours and can take a few hours to a full day. The process of a judicial bypass can take as little as a few days or a few weeks. On average, it can delay your abortion by two weeks.
How Do I Get a Judicial Bypass?
First, find out if there is a local organization that can help you access the resources and legal advice you may need. There may be an organization that can help you with the judicial bypass process and any financial or logistical costs that you’ll face. To get a judicial bypass, you’ll need to meet with a judge at your county’s courthouse. Most of the time a petition for a judicial bypass has to be filed in your own county, and it can never be filed out of state.
Support from organizations like this can be especially helpful if you’re unable to access transportation, don’t have any money, or if you don’t have a trusted person in your life to go to with this. You can also contact your closest abortion clinic as they’re usually familiar with local resources. The local clinic will probably know which courthouse you should call and whether there’s financial assistance available for you.
Filing a Petition
Anyone can go to their local courthouse and file a petition for a judicial bypass on their own, and while an attorney is encouraged and may even be provided for free, it isn’t required. However, utilizing support from an attorney and/or an organization that helps you navigate the process can alleviate some of the stress you may experience and help you present your case to the judge. At the courthouse, you’ll fill out formal paperwork requesting a hearing with a judge. To find your local county courthouse, you can search “local courthouse” and your zip code online, and call your Clerk of Courts. Oftentimes, requests for judicial bypasses are handled in the Family or Juvenile court divisions — so ask to be transferred to one of those departments. Then, let the person who answers know you’re looking to petition for a judicial bypass. You can say:
“Hi, I’m under 18 years old, and I need to petition for a judicial bypass. Where should I go?”
Sometimes, courthouse staff may be unfamiliar with the term “judicial bypass”, and unfortunately, you may need to further explain what it is you’re looking for. In that case, if you’re comfortable, you could say:
“I need an abortion (or, I need to terminate my pregnancy) without involving my parents as required by law, and I need to meet with a judge for a judicial bypass hearing.”
Courthouse staff will direct you where to go to petition for a judicial bypass, and you can also ask questions such as when you can meet with the judge. By law, the hearing with the judge must be scheduled within a certain amount of days, but the timeframe can vary by state. However, some courts schedule same-day hearings, which means it may be possible to submit your petition and meet with the judge the same day, so make sure to ask!
What Will The Judge Ask Me?
When you meet with the judge, it’s basically having a conversation about your pregnancy decision with a stranger, which can understandably feel uncomfortable. But your attorney will review with you what questions you may be asked, and it can be helpful for you to review how abortion methods are performed and how to care for yourself afterward so you’re prepared. The judge may ask you things like:
Why do you want an abortion?
Who have you involved in your decision?
Were you using birth control or protection during sex, such as a condom?
Why can’t you tell your parents or guardians?
Do you know the alternative options to abortion?
How is an abortion performed? What are the risks?
Sometimes there may be questions about your family involvement, home responsibilities, school or career goals, or information about your medical history. Keep in mind that a judge can deny a judicial bypass for any reason—even their own moral beliefs—and it can be an overwhelming process that involves answering personal questions about your situation. It might feel invasive and patronizing. But many judicial bypass petitions are approved, and in the cases where they’re not, young people have resiliently sought care out of state to somewhere that allows young people to make their own decisions about their bodies and futures.
"I went to the courthouse prepared with my resume because it was literally an interview of my maturity and how will I do as a person—all my grades, all the stuff that I’m involved with, and why I needed this abortion. I was basically interviewed really intensely by a judge. And at the end of the day, she was like, 'I signed the paper, but why did you even have sex? What do you get out of it? You have such a great future in front of you, I don’t know why you made this choice.' It just feels so dehumanizing.”
—Youth Testify storyteller Anna
“My father is religious and conservative, and I knew I couldn't talk to him about it. I wasn't sure my mom would give me permission, and I was scared that even asking her would pull us further apart. I cried and panicked, unsure what I would do if I couldn't get the abortion...I reached out to Jane's Due Process and was fortunately able to meet with a lawyer, who walked me through the many steps I needed to get through before appearing before the judge, including getting a sonogram and working with my lawyer to compile evidence of my maturity.”
— Veronika Granado, We Testify storyteller
We Testify at Congress.
In 2019, Youth Testify storyteller and teen parent HK Gray testified before the House Committee on the Judiciary about her experience trying to obtain an abortion in Texas through a judicial bypass.
Watch HK Gray’s testimony beginning at 1:48:40.