Austin, Texas, Jan 27, 2020 / 18:18 pm
A study of statistics from Texas suggests that since 2016, judges in the state were less likely to grant permission to minors to procure abortion without their parents’ consent than in previous years.
Thirty-seven states, including Texas, require minors to obtain parental consent before procuring an abortion. In those states, minors can also seek the approval of a judge, in what is known as a “judicial bypass.”
From 2000 to 2015, Texas’ laws mandated that a minor seeking an abortion without parental consent must demonstrate to a judge that they were mature and well-informed, that notifying a parent would not be in their best interest, and that notifying a parent might lead to physical, sexual or emotional abuse.
According to a study published this month in the American Journal of Public Health, between 2001 and 2015 the number of times a judge in Texas denied a minor an abortion ranged from zero to six per year, which in turn represented between 0% and 6.2% of the total requests judges received that year. The rate of denial was 2.8% in 2015.
In 2016, the year that Texas implemented a law changing regulations for minors requesting permission for abortions from judges, the number of denials rose to 23, which represented about 10.3% of the total requests that judges received that year. The number of denials dipped to 10 in 2017 (3.1%) and then rose slightly to 12 in 2018 (5.1%).
The data for 2016-18 came from the Texas Office of Court Administration, while that from 2001-15 were based on reports from Jane's Due Process, a group that provides legal representation to minors seeking to procure abortion without their parents' consent.
Reuters reported that one of the changes implemented in 2016 was the removal of the criterion related to physical, sexual, or emotional abuse if the minor tells the parent they are having an abortion. Another change implemented after 2016 required girls to file their petitions in the county they live in, and to include their name, address, and date of birth, Reuters reported.
The study's lead author, Amanda Stevenson, said that the purpose of the judicial bypass process “is to protect minors from a veto of their abortion decision. We find sometimes the process doesn’t protect them from being vetoed. It’s just the judge instead of the parent.”