A pregnant minor applied for judicial bypass to have an abortion without notifying her parents. The trial court denied her application, finding that she was neither mature nor well-informed enough to consent to an abortion without parental notification. The Supreme Court reversed, finding that Doe showed that she was sufficiently well-informed. The trial court specifically denied Doe’s application because she was allegedly unaware of the intrinsic benefits of alternatives to abortion such as parenting and adoption. The Supreme Court held that even though a minor may not share the court’s views about what the benefits of her alternatives might be, it does not follow that she has not thoughtfully considered her options or acquired sufficient information about them. The Court noted that she had read about abortion, spoken to women who have had abortions, and discussed potential mental effects with a counselor. Moreover, she expressed that she was not ready for parenthood and that keeping the child would prevent her from going to college or having a career. The Supreme Court thus reversed the trial court and granted Doe’s judicial bypass, holding that when a minor has established that she has engaged in a rational and informed decision-making process and concluded that realistic concerns foreclose her alternatives, she cannot be denied the statutory bypass for failing to list general benefits seen by others.
Women and Justice: Keywords
Domestic Case Law
In re Doe Supreme Court of Texas (2002)
Pregnant minor filed an application for judicial bypass to receive an abortion without notifying her parents. The district court did not rule on the application or make findings of fact, but issued a writing that sua sponte concluded that the parental bypass law was unconstitutional. Doe appealed due to uncertainty about the judgment, and the court of appeals dismissed for lack of jurisdiction. The Supreme Court held that because the judge did not issue findings of fact within two business days, her application was deemed granted.
In re: Jane Doe 10 Supreme Court of Texas (2002)
A pregnant minor applied for judicial bypass to have an abortion without notifying her parents. The trial court denied the application on a form, but made no ruling and no findings of fact on one of the bases for judicial bypass—whether notifying her parents would lead to physical, sexual, or emotional abuse of the minor. Under the Texas Family Code, the court was required to issue a ruling and written findings of fact and conclusions of law within two business days after the application was filed. Doe argued that because the trial court did not comply with the Family Code, she was denied a timely and complete judgment, and her application should be deemed granted. The Supreme Court agreed, deeming her application for judicial bypass granted based on possible abuse.
In re Doe Court of Appeals of Ohio (2011)
A juvenile filed an application seeking permission to have an abortion without parental notification, but the Columbiana County Court of Common Pleas, Juvenile Division dismissed the application, finding that the juvenile was not sufficiently mature and well-informed enough to intelligently decide whether to have an abortion. The Court of Appeals of Ohio reversed and granted her petition. The Court of Appeals determined she was sufficiently mature and well-informed in part due to the following factors: that she was a few months away from turning 18, that she had good grades and planned to attend college in the fall, and that she had been using an oral contraceptive and only became pregnant when she ran out and her prescription expired.