Young people deserve the right to access all the sexual and reproductive health services they need. This right includes the possibility of obtaining access to sexual and reproductive health services in a confidential and dignified manner. Most young people seeking abortions involve their parents, but there are a variety of reasons that are not always possible. One study found that thirty percent of pregnant teens who do not talk to their parents about their abortion make this decision because they are afraid of violence or being evicted from their homes.29 Young people who are not at risk of being abused at home may be afraid or uncomfortable abandoning their families. involve their parents. However, the majority of states require parental participation for nearly all young people under the age of 18 seeking abortion treatment, leaving many vulnerable to violence, homelessness, forced continuation of pregnancy, and unsafe illegal abortions. Jane`s Due Process provides 1-on-1 information and support to every youth going through the judicial circumvention process. To connect with Jane`s Due Process, text their helpline at 866-999-5263. There is a choice for teenage girls who cannot talk to their parents about their decision to have an abortion.
This is called judicial circumvention. If you`re sure you can`t talk to your parents or guardians about your pregnancy, you can ask a judge for an order allowing you to have an abortion without telling anyone. To learn more, please read our frequently asked questions below: In Belotti v. 1979, Baird, the Supreme Court established the criteria for judicial circumvention proceedings: They stated that, in order to be constitutional, a trial must allow pregnant minors to appear before a judge in a trial that guarantees their anonymity and is conducted with “sufficient diligence.” to enable her to receive abortion treatment. The judge must then decide (1) whether she has proven that she is “mature and informed enough to make her abortion decision in consultation with her doctor, regardless of her parents` knowledge; or 2) that even if she is unable to make this decision independently, the desired abortion would be in her best interest. “4 Within the framework of these guidelines, judges have wide discretion as to how they can make decisions for juveniles asking them to circumvent them.5 In general, judicial circumvention procedures require pregnant minors to fill in certain forms explaining the situation before a particular court and order the court to consider their application within a short period of time. Sometimes they demand a lawyer. Staff and judges in some courts are unclear about the legal requirements of the process or how to conduct it.12 Within the framework of the requirements of the law and the realities of the United States. In the justice system, judicial circumvention is often a logistical nightmare for young people who want to use it. After contacting the courthouse, a private meeting (hearing) is quickly scheduled where you talk to a judge about why you are mature and knowledgeable enough to accept your own abortion.
More detailed information about what the judge is trying to find out can be found on the next page “What will the judge consider?” Once the minor has met with the lawyer, the lawyer will file an application with the District Court requesting the bypass and scheduling the bypass hearing. The hearing must take place in a location where privacy and access are limited. It will most likely be in the judge`s private office or in a closed courtroom. Each judge may have his or her own way of conducting a hearing. The judge may ask questions and the minor is encouraged to answer them to the best of his or her ability. The identity of the minor, the court record and the judicial proceedings must be kept under lock and key and cannot be disclosed. In fact, if judges do not want to help a teenage girl obtain safe abortion care, they may choose not to deal with judicial circumvention procedures.14 In addition, there were times in rural areas when no judge was available to hear a judicial circumvention motion.15 Because of these complications, It can take up to three weeks for a decision to be made. 16 The Supreme Court allows states to enforce laws requiring minors seeking abortion to notify one or both parents or to notify one or both parents if they involve an alternative procedure we now know as judicial circumvention. Today, thirty-eight states have laws in place on parental involvement.
Eight states add the additional burden of requiring parental consent forms to be notarized. For example, Kansas requires two parents to give consent before a registered notary.2 Some states allow a grandparent, other family member, or doctor to grant permission in place of a parent, but most require permission from a judge in the form of a circumvention waiver.3 Looking for information for judicial evasion for a state other than Florida? Visit our national partner website: Si/When/How for assistance.