Abortion Rights of Minors

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Abortion Rights of Minors

If you are a pregnant minor considering abortion, there important options for you to consider with regards to your ability to obtain the procedure with or without notifying your parents. 

Can I Have an Abortion without My Parents' Consent?

The answer to this varies from state to state. Few states, including California, allow minors (people under 18) to obtain an abortion without parental consent or notification. However, most states require parental consent, notification or permission from a judge (known as a "judicial bypass").

You can go to another state where you do not live to get an abortion, but due to laws about minors crossing state lines, you might want to consider traveling with an older sibling, grandparent, or other family member.

How Can I Get a Judicial Bypass?

To obtain a judicial bypass, the minor must file an application with a state court. The judge will consider a variety of factors including:

Has the minor given informed consent to an abortion

The court must hear the case within a short time, usually three or four days. If the petition is denied, you have the right to appeal. The court must then reconsider your petition within a short time as well.

Can My Parents Force Me to Have an Abortion?

Parents of pregnant teenagers cannot force them into having an abortion or placing a child up for adoption. The only exception to this rule is if the pregnant teen's life is in danger due to a medical emergency. In such a case, the teen's parents have the right to permit an abortion against the teenager's wishes.

Does the Father Have Any Say in My Decision?

The father has no legal say in the decision-making process. The decision is completely up to the pregnant teenager. The father's consent is unnecessary and he has no right to be notified. However an unmarried father may be responsible for future child support

Should I Contact an Attorney?

You do not need to consult an attorney to have an abortion, and you do not need a family law attorney to get judicial bypass. If you have to go to court, having an attorney can be very helpful and make the process easier. An attorney may also help you communicate more effectively with the judge.

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Last Modified: 12-16-2014 03:48 PM PST

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