How effective is Judicial bypass for minors seeking abortion without parental involvement?

By Karen Andrade
Student

Abortion is a not an easy choice for woman to consider once they find out they are pregnant. Women must take into consideration many things such as their future plans, current lifestyle and this can be overwhelming; thus leading to extreme stress and depression. If it is tough for these women, imagine how it’ll affect a girl younger than 18 years old. Minors already get viewed as incapable children who cannot decide correctly due their lack of maturity but why does this determine the issue so quickly?

Minors are given the right to abortion so long as they receive parental consent or a judicial bypass.  For minors who feel they cannot speak to their parents the process to receive an abortion can get complicated.  Whether it is due to lack of communication, weak relationship, strict parents, religion, or even shame, if a minor decides abortion she must obtain a judicial court approval. The Judicial bypass was created as an alternative for minors to receive an abortion in 1973. The process involves a minor presenting her case to the court and the ruling to be made based on the maturity of the minor but if this effective? Maturity is not statistics nor does it have a definite definition.

Glenn McCoy does a great job showing societal views on minors who chose abortion in his cartoon that was published by Townhall.com on November 8, 2009. He illustrates a young girl turning in paperwork for her abortion appointment. The girl appears frightened and is also surrounded by elements establishing her innocence. McCoy is presenting an argument that it is not reasonable to allow minors to decide on abortion on their own. He is undermining the minors’ decision and portraying the situation as if there are no background elements. In an ideal world, a child would be able to confide in her parents about their sex life and choice of abortion but this is realty. There are minors who do not have the opportunity to involve their parents and need an abortion because they know they are not ready to take on the responsibilities of a mother.

McCoy believes all minors can be easily represented by his cartoon character but he fails to realize there are minors who are capable of making this decision as mature individuals. In an edited version of the lullaby "Hush Little Baby" a mother sings to her unborn child as she says goodbye. This shows maturity because she is strong enough to evaluate her situation and know that she cannot bring her baby into the world. When a minor is able to come to her responsible decision she has to face a judicial bypass hearing which will then determine whether or not she can get the abortion. Some minors fly by this process but others do not even have that opportunity. There are cases where daughters live an abusive family who would harm her if they knew or even girls who feel they will be judged and turned away. So in reality, only a small percentage of minors are capable of attending and winning their judicial bypass approval.

The judicial bypass hearing is complex and time consuming process which makes it inefficient for minors because delay the procedure raises health risks. Studying what defines maturity is interesting because the topics addressed are more controversial. Society may believe they are far more mature than minors but in reality maturity if no decided by age, it is decided by how individuals access the problem and evaluate their current position. Not all minors are capable of this but for those who are, the judicial bypass ruling can change their plans in a matter of seconds. While it has served its initial purpose of being a alternative way to receive an abortion, it is not effective because not many minors can benefit from the judicial bypass.

The flaws of the judicial bypass should not be ignored. In order to provide minors with a reasonable alternative, there must be an assessment of the judicial bypass procedure and from there the solutions can begin to arise. There is a lot of work to be done with this alternative for minors, they deserve a better developed option and more support from the state. While many think it is unwise to trust a minor with such decision, being able determine their future is not taken lightly and minors make this decision as any woman of any age would.