Judicial Bypass

What is a judicial bypass?
A judicial bypass is an order from a judge that allows a minor to have an abortion without telling or receiving consent from her parent or legal guardian. To get a judicial bypass, a judge must decide that the minor meets at least one of the following “grounds” (reasons):

• The minor is mature and sufficiently well informed about her pregnancy options to make the decision without a parent or legal guardian being involved.
• It is not in the minor's best interest for the parent or legal guardian to be notified.
• Notification of a parent or legal guardian could lead to physical, sexual, or emotional abuse of the minor.

The hearing is completely confidential. A confidential hearing means that no one will know the minor's name, what she said, or even that she filed an application. If the teenager thinks that she might know someone who works at the courthouse or that someone will see her going into the courthouse, she has a right to file her application in any county in Texas.

Child Protective Services cannot be called because of something said in the hearing, even if the minor reports physical or emotional abuse. However, if the pregnancy is the result of a sexual assault, the judge will order that a police report be made.

How can a pregnant minor get a judicial bypass?
Jane's Due Process provides pregnant teens in Texas with free legal representation, including assistance with judicial bypass proceedings. If you wish to option a judicial bypass, you must complete the following before Jane's Due Process can provide you with legal assistance:

• You must have a sonogram/ultrasound to confirm your pregnancy.
• You must receive counseling on your different pregnancy options. (Please keep any brochures you are given during your counseling session in a safe place.)

For information on where you can obtain these services, visit the "Find a Clinic" page. If you need help paying for the sonogram/ultrasound, visit the "Resources" page or call the Jane's Due Process legal hotline at 1-866-www-jane or 1-866-999-5263.

To see if you qualify for free legal services from Jane's Due Process, call the legal hotline at 1-866-www-jane or 1-866-999-5263. Please complete the questionnaire "For Minors: Things for You to Think About Before Going to Court" before meeting with your Jane's Due Process attorney.

How long does it take?
Once an application has been filed, there has to be a hearing and a decision made by 5:00 p.m. on the second business day. The minor must have a lawyer present for the hearing. Jane's Due Process will work with you to obtain a lawyer. The hearing and lawyer provided are free. There are no fees to pay for the application to be accepted or for a hearing to be held.

If the judge agrees that the minor can meet at least one of the three grounds required, the judicial bypass waiver should be granted. The teenager can take the order to an abortion clinic to have her abortion without her parents being notified or giving consent. However, if a judge does not agree that she is able to meet at least one of the grounds required, the judge has a right to deny the waiver. The minor's lawyer can explain to her about her right to appeal that decision with a higher court or other rights and solutions she may have in her given situation .

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