A judicial bypass for abortion is an order from a judge that allows a person under the age of 18 to get an abortion without the consent of a parent, a legal guardian, or a legal custodian. The judicial bypass procedure is entirely confidential
What is a Judicial Bypass?
A person who wants to have an abortion must give voluntary and informed consent before the abortion may be performed. This means that the doctor who will perform the abortion, or someone who works with that doctor, must provide certain information to the person. Then the person must sign a form to say that they were given that information.
In Indiana, if the person who wants the abortion is under the age of 18, they cannot sign the form by themselves. One of their parents, a legal guardian, or a legal custodian also must sign the form. This is frequently referred to as parental consent.
There are two exceptions to obtaining parental consent. A person under the age of 18 who has been emancipated by the court does not need to have parental consent. Or, a person under the age of 18 can get an order from a court to waive the parental consent requirement.
This is called a judicial bypass.
What are the steps to getting a Judicial Bypass?
1. Text or call the Indiana Judicial Bypass Project at 1-317-476-6917. Our Intake Coordinator will talk to you about the judicial bypass process and gather some information so a lawyer can contact you.
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2. The Intake Coordinator will identify a lawyer who will help you with your judicial bypass. There is no charge for the lawyer to help you. All our services are free to you.
3. Your lawyer will contact you, usually within one or two days, to set up a time to talk on the telephone for 30 to 60 minutes. During that call, the lawyer will ask you questions to learn about you and gather the necessary information to give to the judge in writing before you meet with the judge in person.
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4. You will be scheduled for a hearing with the judge. You will have to attend a hearing in the court in either the county where you live or the county in which your abortion will be performed. The hearing usually takes place within one week of your first conversation with the lawyer.
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5. Once you know your hearing date, you will contact the provider to schedule your appointments. Your appointments can take place any time after your hearing.
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6. You will meet with your lawyer at least one time before the hearing. At this meeting, you will review the paperwork the lawyer has written for the judge. The lawyer will also talk to you about what to expect at your hearing.
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7. Attend your hearing. The hearing might be online by video, or it might be a meeting in the courtroom with just you, your lawyer, and the judge. Your lawyer will ask you some questions, and then the judge will ask you some questions. At the end of the hearing, the judge will tell you if your judicial bypass is approved. If it is approved, you will receive your order (the paperwork you need) immediately after the hearing.
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8. When you go to your abortion appointments, take your judicial bypass order with you.
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9. If you can't afford to pay for the abortion yourself, reach out to the All-Options Hoosier Abortion Fund at 812-727-4423.
Abbreviated Steps:
1. Contact Intake Coordinator at (317) 476-6917
2. Lawyer contacts you
3. Court hearing is scheduled
4. Call provider to make appointments
5. Meet with lawyer
6. Attend court hearing
7. Go to your appointments