Planned Parenthood League of Massachusetts Patient Navigators
https://www.plannedparenthood.org/planned-parenthood-massachusetts/online-health-center/judicial-bypassContact Info
617.616.1636As of 12/29/20, Massachusetts’ ROE Amendment became law. The law impacts judicial bypass and parental involvement in two ways: 1) The parental consent requirement only applies to young people under the age of 16, it used to apply to anyone under age 18. 2) Judicial bypass hearings can officially be held virtually rather than in-person.
No matter their age, every person in Massachusetts has the legal right to get an abortion. But the state restricts abortions in some ways.
All abortions must be performed before 24 weeks, unless the pregnant person’s life or physical health is in danger.
Massachusetts makes people under age 16 get written permission from a 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}} 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 Massachusetts, 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 judicial bypass.
If you are married or an {{emancipated minor}{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}}, you can get an abortion without consent from a parent or getting a judicial bypass.
In Massachusetts, only a 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 give consent for you to have an abortion.
Even if another 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.
Ask your clinic what your parent/guardian needs to do to give consent. They likely have to go to the clinic with you and bring some legal documents like your birth certificate or paperwork that shows they are your legal guardian. If you and your parent have different last names, your parent may be asked for additional paperwork like a marriage or divorce certificate. You both will need to bring a form of photo ID that includes date of birth as well.
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 superior {{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}} 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.
- Massachusetts is one of the states that has a dedicated group of advocates working to help young people who need a judicial bypass.
You can visit the website for the Planned Parenthood League of Massachusetts here. Planned Parenthood runs a free hotline (617-616-1636) to help young people through the judicial bypass process in the state. Once you call the hotline, Planned Parenthood will connect you with an attorney to represent you in your judicial bypass case for free. You don’t have to go to a planned parenthood clinic for your abortion to use the hotline.
Your lawyer will take care of the steps in the judicial bypass process, including filing the {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}}, scheduling a {{hearing}{a hearing is a meeting with the judge}} with a judge, and representing you at the hearing.
- You also have the option to start the judicial waiver process on your own. The process is free. The petition form you will need to fill out is available here. If you have questions about filling out the form, you can contact the Planned Parenthood League of Massachusetts or another abortion clinic to ask for help.
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.
- After you fill out the petition, you turn it into any superior court. To find the superior court in your area, you can look here.
Once you turn in your petition, the judge has to schedule a hearing as soon as possible. Depending on when you turn in your petition, the hearing could happen as soon as on the same day that you turn in the petition form.
In Massachusetts, judicial bypass {{hearings}{a hearing is a meeting with the judge}} can be held virtually instead of in-person.
At the hearing, the judge will ask you questions. Since every judge is different, we cannot know exactly what a judge will ask you.
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.
You can find a list of questions that a judge might ask here. 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.
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}{people at the court may call this a continuance}}.
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}} enough to make this decision on your own, or if it’s in your {{best interest}{The judge thinks it would be better for you not to talk to your parents}}.
The judge usually makes a decision right away. If not, they are supposed to make a decision with 24 hours (1 day).
If the judge makes a decision and agrees that you can get an abortion without telling your parents, you will get an {{order from the court}{An official paper that you give to the clinic to show them that you have a judicial bypass}}. If the judge does not make a decision more than 4 days after you filed the {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}}, the judicial bypass is considered automatically granted and you will get an order from the court saying so.
Having an order from the court means you can get an abortion in a clinic in Massachusetts without involving your parent. You will need to take the court order with you to the clinic to show that you have permission from the court to get an abortion. To protect your privacy, you can ask court/attorney to send a copy of the court order directly to the clinic for you.
No. The judicial bypass is confidential, which means that no one outside of the court will be told about it. When you send in your application to get a judicial bypass, your parent or guardian will not be told about the {{hearing}{a hearing is a meeting with a judge}}.
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 can {{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}} the decision.
So even if the judge tells you no, 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 a 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 to ask the court to give you a lawyer for the appeal.
You do not have to pay any money to get a judicial bypass. You may be able to get help paying for your abortion. Your clinic can help you cover the cost of your abortion through an abortion fund.
These are a few abortion funds in Massachusetts that may be able to help:
https://www.janefund.org/get-help/
After making an appointment for your abortion, call 1-508-829-7300
Eastern Massachusetts Fund (for residents of Eastern MA or those traveling to Eastern MA for an abortion)
After making an appointment for your abortion, leave a message at 617-354-3839
413-582-3532
You can find a map of abortion clinics in Massachusetts here. 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)
National Abortion Federation: Directory Here
Abortion Care Network: Directory Here
I Need An Abortion: Directory Here