Judicial Bypass Wiki

Arizona’s abortion ban has been blocked. Doctors are able to perform abortions in Arizona. Contact our helpline if you have any questions about the law and your rights.

Arizona’s abortion ban has been blocked by a court. Doctors in the state are allowed to perform abortions.

In Arizona, every person who wants or needs to have an abortion must:

  • get counseling in person at a clinic;
  • have an {{ultrasound}{An ultrasound is a test they will do at the abortion clinic to confirm that you are pregnant and figure out how many weeks pregnant you are}}; and
  • wait 24 hours after getting counseling and an ultrasound before they can have the abortion.

All abortions must be performed before 15 weeks unless the patient’s life or health is in danger.

You can call our helpline to learn more about accessing abortion, the law, and your rights.

To find a clinic near you, you can visit ineedana.org for up to date information.

 

Arizona makes people under age 18 to get written permission from a parent or guardian before getting an abortion. That written permission is called consent.

If you feel safe and want to involve a parent in your decision to have an abortion, one option is to talk to them about whether they will give you permission to get an abortion. In Arizona, you need consent from only one parent or guardian.
If you cannot or do not want to tell your parent or guardian, or if they will not consent, you can go to court and ask a judge to allow you to get an abortion. This is called a judicial bypass.

If you are married or an {{ emancipated}{ An emancipated minor went through a legal process and has court order stating that they are freed from their parents and are legally an adult}} minor, you can get an abortion without consent from a parent or a judicial bypass.

In Arizona, only your parent or {{ legal guardian}{ A legal guardian has a court order stating that they have the legal authority and duty to care for a minor. This is different from a foster parent.}} can consent to you having an abortion.

Even if a supportive adult or foster parent supports your decision, they cannot give consent for you to have an abortion. This means that you will either need to ask your legal parent for their consent, or you can ask a supportive adult to help you get a judicial bypass.

If your parent gives you permission, they have to sign a letter saying so. You can find a link to the permission form your parent can use here. The letter must also be {{ notarized}{ Notarized means that a document was certified as true by an official with a special license}}. This means the letter must be signed in front of a person with a special license called a notary public. To get the letter notarized, your parent will need a valid form of identification, like a state-issued identification card, state-issued driver’s license, or passport. You can also ask the clinic if they have a letter that your parent can use, and if they have someone at the clinic who can notarize the letter.

This means that before you can have an abortion, you will need one parent to sign a permission letter in front of a notary public. You then take that letter to the clinic where you will get your abortion care and give it to the clinic staff.

Not everyone can tell their parent about their decision to have an abortion. If you cannot or choose not to talk to your parent, there is another option called a judicial bypass. A judicial bypass means asking a judge to allow you to get an abortion without telling your parent.

This is a legal process that a lawyer can help you with. You do not need a lawyer, but you can have a lawyer for free if you want one. All you need to do is ask the court for one. Your lawyer’s job is to represent you in court. That means they are there to help you ask for what you want. Even if the lawyer was given to you by the court, it is your lawyer’s job to help you ask the court for what you want.

The next section explains how to ask the court for a lawyer.

  1. Arizona is one of the states with a dedicated group of advocates that helps young people navigate judicial bypass. Tucson Abortion Support Collective (TASC) is a group that provides emotional, informational, material, and logistical support to people seeking abortion care. You can visit the judicial bypass page of their website here. You can also text or call them at (520) 235-6934 for assistance.
  1. If you already know which clinic you would like to go to, start by contacting them to make an appointment for an {{ultrasound}{ An ultrasound is a test they will do at the abortion clinic to confirm that you are pregnant and figure out how many weeks pregnant you are}}. You have to do this before you can have an abortion.

If you do not know which clinic you want to go to, you can find a list of clinics here. You can also visit the Planned Parenthood website to find a clinic near you by clicking here. You also can go to a clinic outside of the state you live in.

You do not need permission from a parent to get an ultrasound. When you call the clinic, tell them that you are a minor and need help with a judicial bypass. Clinics can also tell you more about the process and answer your questions.

3.The Arizona court has a website with information about its judicial bypass process here. The process is free.

You will need to get and fill out a {{ petition}{ A petition is a form you fill in with information that tells the court what you are asking for}} and {{ data sheet}{ A data sheet is a form with your contact information so the court knows how to reach you and tell you when you will see the judge}}. You can find a link to the petition form here. You can find a link to the data sheet here. The petition has instructions for filling it out. But if you have questions about filling out the forms, you can call the clinic or the {{court clerk}{ A clerk is someone who works for the court, they are the ones that usually accept forms and schedule meetings with the judge}} to ask for help.

You can ask the court to give you a lawyer for free. There is also a line on the petition form where you can ask for a lawyer.

  1. You can give the court your forms in person or you can send them in the mail. It may take longer before you see the judge if you send your form by mail. You can find a link to the petition form here. On page 4 of that form, there is a list of courts with phone numbers and addresses. You can also search by county on the state court website here. Your medical clinic can also tell you which court to go to.
  2. Once you turn in your form to the clerk, they will tell you the name and contact information for your lawyer if you asked for one on the form. The clerk will also tell you when your hearing will be. In some cases, a judge might be able to see you right away. If not, the clerk will schedule a time for you to see the judge. The court must schedule a hearing within 48 hours (2 days) from when you give the court your petition, but this does not include weekends or holidays.

It is important to talk to your lawyer before the hearing. Your lawyer will have a lot of useful information and advice for you about talking to the judge.

The court may also assign you a {{guardian ad litem}{A guardian ad litem is not the same as a lawyer. A lawyer is someone who is supposed to help you get the result you want from the court. A guardian ad litem on the other hand, is assigned by the court to tell them what they think is the best result for you. This might be different from what you want}}.

At the {{hearing}{ a hearing is a meeting with the judge}}, the judge will ask you questions. Since every judge is different, we cannot know exactly what a judge will ask you. But the law tells judges to ask questions about “experience level, perspective and judgment” when deciding whether to give a judicial bypass.

Judges can ask your age, whether you have had a job, if you have lived away from your parents, if you have traveled by yourself, if you have your own money and know what a budget is, and whether you have made other big decisions in your life. The judge might also ask what has happened since you found out you were pregnant, what you think will happen if you don’t have an abortion, and what you did to decide you wanted or needed an abortion. The judge might ask you why you want or need an abortion.

A judge might also ask questions that are not listed here, but it is a good idea to start thinking about what your answers are to these questions so you are ready if the judge asks. Your lawyer can help you with this. Planned Parenthood Arizona also has a list of questions the judge might ask, you can see those here.

After the hearing, the judge makes a decision about whether you can have an abortion without telling your parent. If you do not go to court to talk to the judge at the time you are scheduled to be there, the judge could automatically decide that you cannot get an abortion without getting consent from your parent.

If you think you cannot make it to the hearing, but still want the judicial bypass, you can ask for a different time to talk to the judge. If you have a lawyer, ask your lawyer about changing the time. If you don’t have a lawyer, call the court and tell them you have a time to talk to the judge but need a different time.

After the {{hearing}{a hearing is a meeting with the judge}}, the judge decides whether they think you are {{mature and well-informed}{ the judge thinks you can make the decision to get an abortion without talking to your parent first}} to make this decision on your own, or if it’s in your {{best interest }{judge thinks it would be better for you not to talk to your parents}} not to involve your parent. The judge usually makes a decision right away. But if they do not, the judge has 48 hours (2 days) to give you a decision, not including weekends or holidays.

If the judge takes longer than 48 hours (2 days) from the hearing to make a decision, then you automatically are given a judicial bypass and you will get a {{certification of the clerk}{ official paper that you give to the clinic to show them that you have a judicial bypass}}.

If the judge makes a decision and agrees that you can get an abortion, you will get an {{ order from the court}{ official paper to give to the clinic to show them that you have a judicial bypass}}.

To protect your privacy, you can ask court/attorney to send a copy of the court order directly to the clinic for you. 

Having either one of these documents means you can get an abortion in a clinic in Arizona without involving your parent. You will need to take the document with you to the clinic to show that you have permission from the court to get an abortion. You can take the court order to any clinic in the state, not just the county where the court is located.

No. The judicial bypass is confidential, which means that no one outside of the court will be told about it. When you give the court your {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}}, you do not need to use your real name on the form. You will have to include your real name and contact information on the data sheet, but the court is required to keep that sheet separate from your petition.

No, if you are granted a judicial bypass that means you can get an abortion if you want. It does not mean you are required to and you can always change your mind. The court {{order}{official paper to give to the clinic to show them that you have a judicial bypass}} just means you can make the decision about whether you want or need an abortion without involving your parent/guardian.

If the judge says you cannot get an abortion without your parent’s permission, you will get a different {{ order from the court}{ official paper to give to the clinic to show them that you have a judicial bypass}} from the judge. You will also get information about how to {{ appeal}{ An appeal is what happens when you do not agree with the judge’s decision and want to try and challenge that decision in court}}. So even if the judge tells you that you cannot have an abortion without telling your parent, you can ask another court with different judges to make a different decision.

If you had a lawyer for the {{hearing}{a hearing is a meeting with the judge}}, they can talk to you about the appeal and help you understand what you need to do next. If you did not have a lawyer for the hearing, you will need a lawyer for the appeal. The court clerk can tell you what form you need to fill out next to get an appeal hearing and that form will also have a place where you can ask for a lawyer.

If you want to appeal the judge’s decision, you only have 15 days after the day the original judge said you could not have a judicial bypass.

You may also decide to get an abortion from a different state that does not have a law that requires you to involve your parent. You can also get a judicial bypass in a different state that has parental involvement laws; if granted you would need to get the abortion in that same state.

You do not have to pay any money to get a judicial bypass.

In some cases, your abortion costs may also be covered. Ask your clinic if they can help you cover the cost of your abortion through an abortion fund. You can also call the Abortion Fund of Arizona and tell them that you are a minor who needs help. They can help cover any extra needs you may have. You can reach the Abortion Fund of Arizona at 602-327-5166 and they will return your call within 24 – 48 hours. You can also go to their website here.

Here is a link to a map of abortion clinics in Arizona.

Acacia Women’s Center

Phoenix

602-462-5559

http://www.acaciawomenscenter.com/

Camelback Family Planning

Phoenix

602-279-2337

www.camelbackfamilyplanning.com

 

Desert Star Family Planning

Phoenix

480-447-8857

www.desertstarfp.com

Family Planning Associates Medical Group of Phoenix

Phoenix

602-553-0440

https://fpamg.com/

Planned Parenthood Arizona

Tucson, Flagstaff, Glendale, and Tempe

855.207.7526 (PLAN)

www.plannedparenthood.org/planned-parenthood-arizona

Choices Women’s Center

Tucson

(520) 210-8300

 

Some clinics may have limited service or hours

You can also use these directories to find an abortion clinic near you:

Planned Parenthood: Directory Here (make sure you select abortion in the services drop down menu; some clinics provide counseling, referrals and follow-up exams but don’t directly provide abortion services) 

National Abortion Federation: Directory Here 

Abortion Care Network: Directory Here 

I Need An Abortion: Directory Here

Resources

Abortion Fund of Arizona

https://www.abortionfundofaz.org/

Contact Info

Helpline hello@abortionfundofaz.org 602-327-5166

Call our helpline anytime. Our volunteers return calls every 24-48 hours, usually in the evenings. We do not accept funding requests via email, but you are welcome to email us with additional questions or requests for resources

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