(877) FLA-PATH 
Call the PATH Project helpline for free legal help.
The Path Project serves as an information and advocacy center for minors facing difficult pregnancy choices. We help teens under the age of 18 navigate the courts so that they can make decisions about their own reproductive health care.
If you're under 18 and plan to have an abortion, your doctor must tell one of your parents or a legal guardian about your decision. But, if you feel that you cannot tell your parents, you have the right to talk to a judge about getting an order that allows the doctor to perform your abortion without notifying your parents. If the judge determines that you are mature enough to make this decision, or that telling your parents isn't in your best interest, he or she will give you an order - called a "judicial bypass" - to take to the medical facility. The court procedure is free and confidential. You have the right to a free lawyer who will help you through the process.
PATH Project provides legal services at no cost to you. You will not be required to pay court fees. You will only be responsible for covering the cost of the abortion, however, there are organizations such as the Women's Emergency Network and the National Abortion Federation that can help you pay for the medical services.
Frequently Asked Questions about Judicial Bypass
1. What is a judicial bypass?
A "judicial bypass" is an order from a judge that allows you to have an abortion without telling your parent or legal guardian.
To get a judicial bypass, a judge must decide that you meet at least one of the following reasons:
The judge evaluates one or more of these reasons at a court hearing that is completely confidential. A confidential hearing means that no one will know your name, what you said or even that you filed an application with the court. Click here for more information on which court you can go to to file a petition for a judicial bypass.
You can also get a judicial bypass if you have been subject to physical or sexual abuse by a parent, guardian, or caregiver. If a minor reports that she has been subject to physical or sexual abuse by a parent, guardian, or caregiver, a judge is likely to make a report to the department of Children and Family Services which will then conduct an investigation.
2. How can a pregnant minor get a judicial bypass?
You have the right to court-appointed counsel. We strongly urge you to contact an attorney before trying to go to court on your own (though you have that right should you choose to do so). The PATH Project: Providing Access for Teen Health helps to provide pregnant teens in Florida with free legal assistance with judicial bypass proceedings. We will work to get a lawyer for you.
If you want to request a judicial bypass, we urge you to do the following:
3. How long does the judicial bypass process take and will I have to pay?
If you decide to move forward and request a waiver from the court to get an abortion, you will need to start the proceedings as soon as possible. It's more difficult to get an abortion later in pregnancy, and the risks and cost for an abortion increase as time passes. You'll want to make sure that you contact your attorney as soon as you've made the decision to get an abortion without telling your parents.
Generally speaking, the entire process should not take more than a week. Once an application has been filed, the court must review your petition and make a decision within 48 hours.
Here's how it works: If the judge agrees that you can meet at least one of the three grounds outlined in question #1, he or she must grant the judicial bypass waiver within 48 hours. You can then take the order to an abortion clinic to have an abortion without telling your parents. If the judge denies your request, you should talk to your lawyer about your right to appeal that decision to a higher court. An appeal takes up to 10 days to complete.
You don't have to pay for the court proceedings. The PATH Project will assist you in finding free legal assistance. There are no fees to pay for the application to be accepted or for a hearing to be held.
4. How do I prepare for this hearing?
i) Make sure you've received information about the abortion procedure. For example, you should know the difference between a surgical abortion (which encompasses most of the abortions performed in Florida) and a medical abortion (which involves a pill in the early weeks of pregnancy). You'll also need to know the risks of abortion.
ii) Be prepared to answer questions from the judge about why you can't tell your parents. You should review the questions on this form to get an idea of what questions to expect from the judge and what information you need to give to your lawyer.
iii) Before the hearing, meet with your attorney to discuss your case and arrange a date for the hearing. You can request a hearing after school so that you don't miss any days from school.
iv) On the day of the hearing, make sure you review directions on how to get to the courthouse if you're not driving there with your attorney.
v) When appearing before the judge, we strongly suggest that you dress neatly, but not in a way that will arouse the suspicions of your parents. For example, if you don't normally wear business suits to school, then don't wear it to the hearing. You could wear nice pants or a skirt. The judge will likely form opinions about you - and make assumptions about your character and demeanor - based on what you're wearing.
vi) Review the form since the judge will likely be asking you similar questions about why you feel you can't confide in your parents. You're attempting to show the judge that you're mature enough to make decisions about your own pregnancy, so it's important that you tell the judge about any extra curricular activities, leadership positions or church activities that you're involved in. If you have good grades and help out around the house doing chores and paying bills, you should definitely tell the judge that. If you've worked in the past, such as babysitting for your siblings or other kids that's important to mention. The judge may also ask whom you've confided in about your decision, so make sure to mention if you've talked to teachers, counselors or any other adults.
vii) Think about your future plans and be prepared to share these plans with the judge should he/she ask. Are you planning on going to college? What do you want to do after high school?
viii) After thinking about how to respond to these questions, share your responses with your attorney before the court hearing.
5. Where is the hearing held?
If you are a resident of Florida, your petition can be heard by any circuit court in your judicial district. Click here for a map of counties covered by your judicial district. If you are not a resident of Florida, any court in the state may hear your petition. The court hearing will likely be held in a family law courtroom, but there are some counties in Florida where the hearings are held in juvenile court or regular courts where judges review other types of cases that aren't related to family issues.
6. What happens if the court hearing is on a school day?
Although your attorney will try to schedule the hearing after school hours, that's not always possible. Florida law requires that public schools contact a parent if a teen is absent from school. So, if the judge schedules your hearing during school hours, you and your attorney will have to discuss the best way to protect your confidentiality.
7. Will my name be kept confidential at all times?
Under most circumstances, your name and the personal details of your case will be kept confidential. The hearing will most likely be held in the judge's private chambers or in a closed courtroom. However, if the court learns that you are a victim of sexual abuse by a parent, guardian, or caregiver or other person who is responsible for you, it is likely that the judge will report this situation to the Department of Children and Family Services (DCFS). Because Florida law permits a parent or guardian or the person accused of abuse to get access to the DCFS report, your parents could learn of your pregnancy and your attempt to seek a bypass.
8. What kind of personal details will the judge ask about me, my pregnancy or my previous relationships?
The judge may ask you whether or not you were on birth control, what steps you took to avoid getting pregnant and whether or not you plan to take birth control in the future. But the judge shouldn't ask you about your previous relationships, whether or not you told your boyfriend or sexual partner, or about how many sexual partners you've had in the past. That information is irrelevant in determining whether or not you're mature enough to make decisions about your own reproductive health care. Your attorney will protect you from having to answer intimate questions about your relationships.
Although it's extremely difficult to talk about your personal life, and birth control, in front of a judge whom you've never met, your attorney will work with you to prepare for the hearing so you know in advance how to answer these questions, and so you're calm when responding.
9. What if I'm not here in this country legally and don't speak English?
You do not have to be a citizen of the United States to request a court waiver or to receive an abortion. Immigration Services will not be contacted by the judge, who should not ask about your current immigration status. If you don't speak English, we will do everything possible to provide you with an attorney who can communicate with you, and we will request a translator to interpret for you.
10. What happens if I can't attend the court hearing?
You must be present at the court hearing because the judge must be able to ask you questions to determine whether you're mature enough to make the decisions about your own reproductive health care. But you have the right to ask for the hearing to be postponed or rescheduled if you can't make it to the hearing.
11. What happens if I change my mind after receiving the court order?
The court order basically states that you don't have to notify your parents about your pregnancy decision. That choice is yours to make, based on your own unique situation and your best interests. You're the only one who can make a decision about whether or not to terminate the pregnancy. The court order doesn't force you to have an abortion. If you decide not to have an abortion, that's perfectly within your right to do so.
12. What happens if the court denies my request?
If the judge denies your request for a waiver, you have the right to an appeal. You should immediately talk to your attorney about filing an appeal. If you are unhappy with your attorney, you can call the PATH project and we will try to find another attorney for you to talk to. An appeal takes up to 10 days to complete.
STEPS TO REQUEST A WAIVER FROM THE COURT
Step 1: Go to your doctor or a clinic to get a pregnancy test or take a home pregnancy test.
Step 2: Visit a local Planned Parenthood office to receive counseling on your different pregnancy options. Please keep any brochures you are given during your counseling session in a safe place. Note the date of your last menstrual period. You should know the possible risks and complications of an abortion.
Step 3: Call the legal hot line at 1-877-FLA-PATH to request a free attorney to represent you.
Step 4: Set up a time when you can call your attorney and have a meeting. All the information that you discuss with your attorney will be kept confidential.
Step 5: To prepare for the meeting with your attorney, you should review the attached form. These questions are only intended to give the attorney a better idea of the details of your situation and your family history. Please be as honest and straightforward as possible, since this will help your attorney do a better job of defending you in court.
Step 6: Meet with your attorney and discuss what dates you're available to go to court. You can ask for a hearing after school.
Step 7: Prepare for your hearing by reviewing the questions that the judge or your attorney will likely ask you, including why you feel it's not possible to discuss your situation with a parent.
Step 8: Meet with your attorney before the hearing to discuss what to expect in court.
Step 9: Preferably drive to the court house with your attorney, but if you can't drive with your attorney make sure you review how to get to the courthouse and understand where it's located.
Step 10: Dress appropriately on the day of the hearing. Don't wear shorts or revealing clothing. You should dress neatly.