Judicial Bypass

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About 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 a parent or legal guardian. To get a judicial bypass, you and your lawyer must convince a judge that you meet at least one of the following “grounds” (reasons):

You are mature and sufficiently well informed about your pregnancy options to make the decision without a parent or legal guardian being involved.
It is not in your best interest for your parent or legal guardian to be notified.
Notification of a parent or legal guardian could lead to physical, sexual, or emotional abuse of you.

The judicial bypass hearing is completely confidential. This means that no one will know your name, what you say during the hearing, or even that you filed an application. If you know someone who works at your local courthouse or are worried that someone could see you going into the courthouse, you have the right to file your application in any county in Texas.

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

If the judge agrees that you meet at least one of the three grounds, the judicial bypass waiver should be granted. You can then take the order to your abortion clinic to have the abortion without your parents being notified. The judge will not order you to have an abortion, but if you prove that you meet one of the grounds, the judge will issue an order giving you the right to make your own decision.

If the judge does not agree that you meet at least one of the grounds, the judge can deny the waiver. Not all bypass waiver applications are granted. If yours is denied, your lawyer will explain to you about your right to appeal that decision with a higher court and about other rights and solutions you may have given your particular situation .

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 want 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. You may need them during your bypass hearing.)

For information on where you can obtain these services, visit the "Find a Clinic" page.

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?

Clinics have different waiting times for sonograms and options counseling appointments. Once your judicial bypass application is filed with the court, there has to be a hearing and a decision made by 5:00 p.m. on the second business day. You must have a lawyer present for the hearing. Jane's Due Process will help you get a lawyer.

How much does it cost?

Getting the judicial bypass itself costs you nothing. The hearing and your lawyer are absolutely free. You do not have to pay to file the application or to have the hearing held.

You do have to pay the clinic for the sonogram, counseling, and for the abortion itself. How much you pay depends on which clinic you use, how far along you are in your pregnancy and what type of abortion procedure you have. If you need help paying for the clinic, see the list of financial resources on the "Abortion" page or call the Jane's Due Process legal hotline at 1-866-www-jane or 1-866-999-5263.