Here are some frequently asked questions about Judicial Bypass:
If interested, please call our office at (484) 821-0821 and state that you are interested in a Judicial Bypass.
This information is not intended as legal advice or as a substitute for the advice of a lawyer. Please consult a lawyer if you have any questions about your rights. (This guide is specific to Pennsylvania law and regulations. Mandatory parental involvement laws are different in other states. Start with calling a clinic that performs abortion if you are seeking abortion services outside of Pennsylvania.)
If you are under 18 in Pennsylvania, you can meet privately with a judge who can give you permission for the abortion without telling your parents. This process is called “Judicial Bypass.”
No, you do not have to pay for a Judicial Bypass.
No, but you have a better chance of getting judicial consent with a lawyer’s help. Your lawyer will be free if you use one appointed by the court. We have a number of lawyers who volunteer their time to help with this process.
This is not a trial. The hearing is usually informal and short. It is absolutely confidential. No one is allowed to attend except you, your lawyer, the judge, and possibly the judge’s clerk. If you would like a staff member from our clinic to be with you as well, we can gladly request this if it makes you more comfortable.
The judge is required to answer one question: is this young person mature enough to make their own decisions? If the answer is yes, the judge must give permission for the abortion regardless of how he or she feels about it. You must also tell the judge that you have been counseled by a medical provider about your options and the risks of abortion.
The judge usually decides during the hearing, but at the latest, the judge must decide within three business days after you file your application. If the judge does not decide within three business days, you have the right to a free, confidential, and speedy appeal to a higher court.
We know of only very few cases out of thousands over the past 20+ years in which a Pennsylvania judge denied a bypass petition, and in all of those few cases, the minor was ultimately able to end the pregnancy. If denied, your lawyer can file an immediate appeal with the state Superior Court, which must decide within five business days. If you do not have a lawyer, we can help you find one.
Yes, but adults who are accompanying minors under 14 to out-of-state abortion providers should contact a lawyer to ensure they are not violating Pennsylvania’s interference with custody of a minor law.
Call the Women’s Law Project at (412) 281-2892. We closely work with them when it comes to Judicial Bypass cases.
Helpful Resources
