Montana’s parental consent requirement is not currently in effect. However, the parental notification requirement for people under age 16 is still in effect.
No matter their age, every person in Montana has the legal right to get an abortion. But the state restricts abortions in some ways.
All abortions must be performed before 22 weeks, unless the pregnant person’s life or health is in danger.
In Montana, for young people under 16, a doctor must tell their 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}} that the young person is getting an abortion at least 48 hours before the procedure. The doctor only needs to provide notice to one parent or guardian. This is called parental notification or parental notice. This only means that the doctor must attempt to tell a parent/guardian you are planning to have an abortion. It does not mean you need their permission to get an abortion.
If you cannot or do not want to have notify a parent or guardian, you can go to court and ask a judge to allow you to get an abortion without it. This is called a judicial waiver.
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 parental notification and without needing a judicial waiver.
Not everyone can tell their 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}} about their decision to have an abortion. If you cannot or choose not to talk to one of these adult family members, there is another option called a judicial waiver. A judicial waiver means asking a judge to allow you to get an abortion without having to tell a 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.
Your lawyer’s job is to represent you in court. That means they are there to help you ask the court for what you want.
The next section explains how to get a lawyer.
- You can start the process by contacting a clinic and telling them you are under 16 and would like to get an abortion. You can find a list of Planned Parenthood Clinics here.
You can also contact All Families Healthcare, you can visit their website here or call them 406.730.8682. They are a clinic based in Whitefish but are familiar with the judicial waiver process in Montana and can help guide you through next steps including connecting you to a lawyer.
- You also have the option to start the judicial waiver process on your own by going to any district youth court and filing a {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}}. The process is free, and the court must assign you a free lawyer to help if you request it. To find district courts in your area, you use the court locator here. Courts in Missoula or Lewis and Clark county are likely to have helpful information for you.
You will have to write out a petition, telling the court that you are pregnant and are not {{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}}. You don’t have to use your full legal name on the petition, you can make one up or just use your initials.
When you get a judicial waiver, the court may also assign an adult to be your {{guardian ad litem}{A guardian ad litem is someone appointed by the court to make suggestions about what they think is best for you. They are 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 has to tell the court what they think is the best result for their you. This might be different from what you want}}.
Once you or your lawyer turn in your {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}} to the court, the judge has 48 hours to schedule a {{hearing}{A hearing is a meeting with the judge}} and make a decision.
If you are assigned a lawyer, 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 in the hearing.
At the hearing, your attorney and/or the judge will ask you questions. Since every judge is different, we cannot know exactly what a judge will ask you.
Judges can ask about your age, whether you have had a job, whether you have had babysitting or other childcare experience, what your plans are for your future, and whether you have made other big decisions in your life. The judge might ask what has happened since you found out you were pregnant, what you did or who you spoke with to decide you wanted or needed an abortion, and why you want or need an abortion. The judge may also ask about why you are not able to do parental notification for your 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 parental notification.
If you think you cannot make it to the hearing at the time that originally scheduled, but still want the judicial waiver, 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}{The person at the court who you speak with might call this a continuance}}.
After the {{hearing}{a hearing is a meeting with the judge}}, the judge decides whether they think you are {{competent}{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}{The judge thinks it would be better for you not to talk to your parents}} not to involve your parent. If the judge thinks either of these is true, they must approve the judicial waiver for you.
The judge must make a decision within 48 hours from the time that your {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}} for a judicial waiver was filed. If the judge makes a decision and agrees that you can get an abortion without parental notification, 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 waiver}}. If the judge does not make any decision within 48 hours after your petition was filed, you will automatically get an order that allows you to get an abortion without parental notification.
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 waiver is confidential, which means that no one outside of the court will be told about it. When you ask the court for a judicial waiver, your parent or guardian will not be told about the {{hearing}{a hearing is a meeting with the judge}}.
You also have the right to ask the court for a judicial waiver using a made-up name like “Jane Doe” or just your initials in order to protect your privacy and confidentiality in the process.
No, if you are granted a judicial waiver 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 waiver}} 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 parental notification, 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 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 to ask the court to give you a lawyer for the appeal.
You will have to fill out a form to appeal. After you turn in your appeal form, the appeals court must make a decision as quickly as possible.
You may also choose to get an abortion in a state that does not have a parental involvement law. Please visit the page for that state on the Judicial Bypass Wiki to learn more as the laws in other states may be very different from those in Montana.
You do not have to pay any money to get a judicial waiver. You can also get help paying for your abortion. Ask your clinic if there is financial assistance available to help you cover the cost of your abortion; make sure that they know you have or are planning to get a judicial waiver.
These is also an abortion fund in Montana that may be able to help with the cost of the abortion:
https://www.susanwicklundfund.org/
406.224.7472
You can find a map of abortion clinics in Montana 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