If you need information about Illinois’ parental notice law for minors seeking abortions or help with getting a judicial bypass of the notice requirement, visit.
#Judicial consent for minors seeking abortion free#
And when the courts finally allowed the Parental Notice of Abortion Act to go into effect in 2013, we established the Illinois Judicial Bypass Coordination Project to disseminate information about the parental notice law and to provide free legal assistance to minors who need to go to court to obtain a judicial bypass. The ACLU of Illinois successfully fought against harmful forced parental involvement laws in the courts for nearly 40 years. For some minors, mandatory parental involvement in the decision to have an abortion can lead to significant harms, including physical or emotional abuse, being kicked out of their homes, being forced to continue the pregnancy against their will, delay of the abortion procedure, or dangerous attempts to self-abort the pregnancy. While most young people choose to involve a parent or another trusted adult in their abortion decisions, some pregnant minors cannot.
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Requiring parental notice before a minor can obtain an abortion is dangerous. There are some exceptions to the requirement of parental notice, including when a minor obtains a court waiver (sometimes called a “judicial bypass”) in an expedited and confidential proceeding. Your state requires that one of your parents give permission for your abortion. A judge can excuse you from these requirements. However, the Illinois Parental Notice of Abortion Act requires that an adult family member-someone over 21 years of age who is the minor’s parent, grandparent, stepparent who lives in the minor’s home, or legal guardian-must be notified 48 hours before the abortion is performed. Your state requires that one of your parents be told of your decision at least 48 hours before the abortion takes place, and give permission for the abortion. Meeting the requirements of the Parental Notification. Circuit Court of Appeals upheld the lower court's ruling by a vote of 2-1, Falk said.In Illinois, a pregnant minor may consent to confidential abortion services without a parent’s permission. Once the parent(s) have been notified, the minor may seek an abortion whether or not the parents consent. District Court Judge Sarah Evans Barker issued a preliminary injunction. The ACLU issued its legal challenge shortly after the law passed in 2017. Days before it was set to go into effect on July 1 of that year, U.S. "SEA404 was passed to ensure parents are aware of their child’s decision to have an abortion and assist parents in caring for their child during and after the procedure," the office said in an emailed statement. The Indiana attorney general's office said it is weighing whether to appeal. "We want to make sure they have access to a confidential judicial procedure." "It requires an enormous amount of gumption on the part of young women to navigate this process," Falk said. No minor would make the decision to seek a judicial exception to parental consent lightly, he added. Telling her parents about her pregnancy could incite their rage, or she might harm herself in an act of desperation, the legal challenge said. Removing this path to an abortion could prove harmful to a minor, said Ken Falk, legal director of the ACLU of Indiana. The ACLU challenged the law on behalf of the women's health provider. In 2015, fewer than 4% of minors - about 10 individuals - who sought abortions went through the petition process, according to Planned Parenthood of Indiana and Kentucky. Senate Enrolled Act 404 would have removed that option. While most girls in Indiana who have abortions do so with a parent's consent, a minor can petition a judge for an exception if she can prove that she is mature enough to make that decision or that the procedure is in her best interest.
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The 2017 law would have required every female under 18 to have at least one parent's written permission to end a pregnancy. A federal appeals court has upheld a preliminary injunction blocking an Indiana law that would have required almost all minors seeking abortions to have parental consent.