“ [Judicial bypass procedures are] based on unclear legal criteria which create the double standard of requiring young people seeking bypasses to be ‘mature’ enough before they may choose to have an abortion but not have a child.” [1]

What is a Judicial Bypass?

In states like Pennsylvania, young people under the age of 18 are not legally allowed to provide consent for their own abortion. In instances where young people cannot – or do not want to – involve their legal guardians in their decision to have an abortion, they can obtain court approval that allows them to sign the required papers for themselves. Generally, the young person must meet with a judge who determines whether they are “mature enough” to make this decision. In Pennsylvania, these private hearings take a matter of minutes and only very rarely are cases not approved. That said, obtaining a judicial bypass is still a burden for young people, and when combined with Pennsylvania’s mandatory 24-hour waiting period, creates a process that is difficult to navigate. However, in other parts of the country, this process is even more arduous. For more information on the national landscape of parental consent laws, check out Parental Involvement in Minors’ Abortions.

On September 13th, clinicians from the Reproductive Health Access Network’s Pennsylvania Cluster met with local advocates and lawyers to discuss the judicial bypass process for minors seeking abortions in Pennsylvania. The robust gathering, hosted by the Reproductive Health Access Network and the Women’s Law Project, provided a space to share frustrations and brainstorm collaborative methods to support young people seeking judicial bypass. The meeting started by walking attendees through the entire process, from when a patient enters the clinic, to connecting them with lawyers and finally obtaining a judge’s approval. [2]

The impetus for this event came from a frustrating experience one of the Cluster’s primary care providers had with a young patient who wanted confidential access to safe abortion care. In supporting her patient, the provider realized that she herself was unclear about the process. The Judicial Bypass process can vary by state, city, and judge rotation – often the process can be obscure for primary care clinicians who would like to share resources for their patients. One of the key obstacles attendees discussed is how young people are intimidated by idea of appearing in court. Even though these private judicial hearings are brief and usually casual, providing young patients accessible and accurate resources is essential to making the judicial bypass process as easy as possible. Organizations like the Women’s Law Project provide critical support for minors and their allies navigating the process. Ultimately, it takes a team of people (from primary care clinicians to lawyers to abortion funds to judges) that are ready and able to support young people to get the care they need.