judicial bypass

judicial bypass

Forensic medicine A form of surrogacy in which a guardian's authority is circumvented and decision-making autonomy passed to the person for whom the guardian had been appointed or designated. See Christian Science, Emancipated minor.
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In a complicated and divided outcome, the Court upheld the law as long as there is a judicial bypass option (Scalia would have upheld the law regardless).
If she got a judicial bypass, the report to the state would include whether the doctor or another advocate helped her through the process, and how.
My example is the judicial bypass process, the regime set up to accommodate the constitutional stand-off between parents and pregnant teens who do not want to involve their parents in their abortion decision even when the law says they must.
All states with parental involvement laws also have a so-called judicial bypass, allowing a minor to obtain an abortion with a court's approval; however, because the process can take as long as several weeks, access to medical treatment can be delayed, upping the risk of complications from later-term abortions.
The impact of the law's punishment falls most harshly on adolescents from poor and struggling families, as these youth have the fewest resources to obtain either judicial bypass for an abortion or support for making parenting decisions.
We're not trying to get rid of judicial bypass, but it should only be used in limited circumstances, in very exceptional circumstances,'' said Fort Worth Republican Rep.
Women younger than 18 must have parental consent or a judicial bypass, which asks young women who are not able to talk to their parents about needing an abortion to talk to a court instead, often without legal representation.
Abortion foes have pushed for new restrictions because they believe the process, which is known as judicial bypass, is simply a loophole girls use to avoid talking to their parents.
Finally, a transgender adolescent may argue that the judicial bypass provision established in the abortion context, is applicable to adolescents seeking other types of health care, including gender reassignment treatment.
Justice Kennedy, writing for four justices, indicated that a two-parent notification requirement would be upheld with or without judicial bypass on the ground that parental notification is distinguishable from and less burdensome than a parental-consent requirement.
All permit judicial bypass of parental consent, a condition of such laws imposed by the Supreme Court in a 1983 decision, Planned Parenthood of Kansas City v.
Despite the potential importance of the judicial bypass system, no population-based studies have examined the characteristics of minors who obtain an abortion through a court waiver, or whether minors who use this option terminate later in pregnancy than those whose parents are involved in their abortion decision.
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