No matter their age, every person in Rhode Island 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. After 18 weeks, abortions have to be performed in a hospital or in a surgical center.
Rhode Island makes people under age 18 get written permission from a parent or a {{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. A parent or legal guardian must give consent at least 48 hours before the young person can get an abortion. 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 Rhode Island, you only need consent from one parent.
If you cannot or do not want to involve 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 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 your parents or a judicial bypass.
In Rhode Island, only your parent can consent to you having an abortion. If both of your parents are no longer living, then a {{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.
The court may recognize a foster parent as your legal guardian if they go through the legal process to officially become your guardian.
Even if another adult supports your decision, they cannot give consent for you to have an abortion. This means that you will either need to ask your parents for their consent, or you can ask a supportive adult to help you get a judicial bypass.
If your parents give you permission to have an abortion, they must go with you to the abortion clinic. The clinic can tell you what you and your parent/guardian need to do and bring to appointment for them to give consent.
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.
You do not need a lawyer, but this is a legal process that a lawyer can help you with. You can ask the court for more information about getting a lawyer.
- If you already know which clinic you would like to go to, start by contacting them and tell them you are a minor that needs a judicial bypass. Clinics often have more information about what you need to do and may be able to provide you with a counselor to help you through the judicial bypass process.
If you don’t know which clinic you would like to go to, there are two clinics that provide abortions in Rhode Island:
Planned Parenthood Providence Center
175 Broad Street Providence, RI 02903
(401) 421-9620
Obstetrics and Gynecology Care Center
2 Dudley St., Providence, RI 02905
http://www.womenandinfants.org/
(401) 274-1122 ext. 2748
- You will need to fill out a {{petition}{A petition is a form you fill in with information that tells the court what you are asking for}} to ask for a judicial bypass. The petition form is not currently available online.
If you have questions about filling out a petition, you can call the abortion clinic or a family {{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. The page for the Rhode Island Family Court virtual clerk desk is here.
- After you have filled out a petition, you turn it in to a family court clerk. The contact information for the county family courts can be found at the bottom of the page here.
Once you turn in your petition, the court must schedule a {{hearing}{a hearing is a meeting with the judge}} within a short amount of time—usually within one week—to avoid delaying your abortion.
If you have a lawyer or {{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}}, it is helpful to speak with them before the hearing because they can share useful information and advice for how to talk to the judge.
The court may assign you a guardian ad litem for the hearing.
At the {{hearing}{a hearing is a meeting with a judge}}, 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}{The person at the court who you speak with might call this a continuance}}.
After the {{hearing}{a hearing is a meeting with a 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. But if they do not, the judge must make a decision within a short amount of time to avoid delaying your abortion. If the judge agrees that you can get an abortion without telling your parents, you will get an {{order}{An official paper that you give to the clinic to show them that you have a judicial bypass}} from the court.
Having an order from the court means you can get an abortion in a clinic in Rhode Island 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.
The form you need to fill out to appeal is available here. 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 may also choose to get an abortion in a state that does not have a parental involvement law. Please visit the judicial bypass wiki page for that state to learn more as the laws there may be very different from those in Rhode Island.
You do not have to pay for a judicial bypass. You may be able to get help paying for your abortion. Your clinic may be able to help you cover the cost of your abortion.
You can also contact the Women’s Health and Education Fund, which is a local abortion fund, here.
There are two abortion clinics in Rhode Island:
Planned Parenthood Providence Center
175 Broad Street Providence, RI 02903
(401) 421-9620
Obstetrics and Gynecology Care Center
2 Dudley St., Providence, RI 02905
http://www.womenandinfants.org/
(401) 274-1122 ext. 2748
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