Seeking Solomon's Wisdom: Judicial Bypass of Parental Involvement in a Minor's Abortion Decision

Abstract

This Article provides a brief description of the current federal constitutional law regarding parental involvement laws, a summary of the historical experience with judicial bypass proceedings in other states, a discussion of the Texas judicial bypass process as it has been interpreted by the Texas Supreme Court, and an explanation of the statutory basis for bypassing parental notification of a minor’s decision to obtain an abortion. The appendix to this Article contains an annotated series of suggested questions that may be used in evaluating whether minors meet the statutory grounds.12 Only through knowledgeable and careful review of minors’ applications to bypass parental notification can Texas courts achieve the proper balance between the liberty interest of the minor in deciding whether to continue or abort her pregnancy and the constitutional right of parents to be involved in decisions regarding their minor daughters’ medical care.

Keywords: abortion, minors, parent