Judicial Bypass FAQ

Q:  Kandyse has lived with her grandmother since she was seven years old.  They have a good relationship and talked about Kandyse's pregnancy and the decision to get an abortion.  Her grandmother never had any problems signing school or medical paperwork for Kandyse before, but the clinic they went to wouldn't let her sign to give consent for Kandyse to have the procedure.  Is there anything they can do?

A:  Yes, Kandyse probably needs a judicial bypass.  Unless Kandyse's grandmother has papers to prove that she went to court and became Kandyse's legal guardian or managing conservator, she can't legally sign to give consent for Kandyse's abortion.  Kandyse will need to show the judge that she is mature and informed about her pregnancy options or that it would not be in her best interest to notify and try to get consent from her parents.

Q:  Grace told her mother about being pregnant, but her mother refuses to help her get an abortion.  Grace's father has been going to a new church with his new wife that believes abortion is always wrong.  She feels like if she asked her father for help she would be forcing him to choose between her and his new wife.  Does Grace have to make sure her father won't sign for her before she applies for a judicial bypass?

A:  No, she doesn't.  If Grace meets the requirements for a judicial bypass, she can get one without telling her father.  You can get a judicial bypass whether both parents know about your pregnancy, only one parent knows, or without out telling either one at all.

Q:  Veronica lives with both parents and her younger siblings.  She doesn't think her parents would kick her out or abuse her if she talked to them about wanting an abortion, but she still doesn't want to tell them.  Her mom has been sick and her father is usually out working.  They have been relying on Veronica to take care of her brothers and sisters and help out a lot around the house.  Veronica doesn't want to make them feel guilty about not being able to spend more time with her and she worries that the stress would make her mom worse.  Can Veronica get a bypass?

A:  Yes, if Veronica can convince a judge that she is mature enough and well enough informed about her pregnancy options, or if she can convince a judge that it wouldn't be in her best interest to tell her parents, she can get a judicial bypass even if her relationship with her parents is otherwise pretty good.

Q:  Julissa is in foster care.  She knows she doesn't want to have a baby and she thinks her social worker might agree that an abortion is the best choice for her right now, but she's worried that her foster parents would try to stop her from having an abortion if they found out she was pregnant.  Can Julissa's social worker sign the consent form for her without her foster parents finding out?

A:  No.  Social workers are not allowed to consent to abortions for youth in foster care.  If Julissa has a parent whose rights have not been terminated, that parent can sign the consent form for her.  The only other way for her to have an abortion is to get a judicial bypass.  If Julissa wants to keep her foster parents and other people from finding out about her abortion, she should talk to her lawyer about making sure the judge's order says that her abortion must be kept confidential.

Do you have other questions?  Read the Judicial Bypass and Abortion pages or call the Jane's Due Process Legal Hotline at 1-866-999-5263.