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Cited by 22Reproductive Health and ContraceptionEthics and Legal Issues in Pediatric HealthcareAdolescent Sexual and Reproductive Health

Reasons for and Logistical Burdens of Judicial Bypass for Abortion in Illinois

Ralph, Lauren J., Chaiten, Lorie, Werth, Emily, Daniel, Sara, Brindis, Claire D., Biggs, M. Antonia·2021·Journal of Adolescent Health
DOI 10.1016/j.jadohealth.2020.08.025
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Abstract

Purpose Minors seeking abortion in states with parental involvement requirements can obtain judicial bypass (JB) as an alternative. Research on minors' reasons for choosing bypass and the logistical obstacles associated with bypass is limited, yet needed to assess potential burdens introduced by mandated parental involvement.Methods Using data from all minors represented in JB proceedings by the Illinois Judicial Bypass Coordination Project in 2017 and 2018, we present descriptive statistics summarizing minors' demographic characteristics, reasons for seeking bypass, individuals involved in decision-making, and distances traveled and time elapsed to attend the court hearing.Results Most minors obtaining bypass (n = 150) agreed to participate (n = 128). Just more than half (55%) were aged 17 years and lived with one parent (54%). A minority were already parenting (5%) and/or lived with someone besides a parent or on their own (16%). The reasons for bypass included concern about being forced to continue the pregnancy (50%), fear of being kicked out of their home and/or cut off financially (41%), having no/minimal relationship with parents (15%), and fear of physical/emotional abuse (13%). Minors traveled an average of 24 miles one-way (range 1-270 miles) to a courthouse for their hearing. On average, 6.4 days elapsed between contacting the Judicial Bypass Coordination Project and the hearing.Conclusions Judicial bypass can offer young people an opportunity to retain autonomy in decision-making, potentially avoiding abuse and other negative outcomes. However, even in a state with a well-organized network of attorneys, JB contributes 1 week to minors' abortion-seeking timeline and necessitates traveling long distances.

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  • Young people who do not involve their parents often cite safety concerns, stating they do not believe their parents will approve or be supportive and sometimes expressing concern that revealing their pregnancy or desire to obtain an abortion will subject them to abuse.

    “those who do not often cite safety concerns, stating that they do not believe that their parents will approve or be supportive of their choices and sometimes expressing concern that revealing their pregnancy and or desire to obtain an abortion will subject them to abuse (Ehrlich, 2003, Hasselbacher et al., 2014, Ralph et al., 2021).”

    From The role (and limits) of developmental neuroscience in determining adolescents' autonomy rights: The case for reproductive and voting rights (2024) · cites this paper as Ralph et al., 2021

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Authors
Ralph, L. J., Chaiten, L., Werth, E., Daniel, S., Brindis, C. D., & Biggs, M. A.
Affiliations
  • University of California, San Francisco (US)
  • American Civil Liberties Union (US)
Corresponding author
Ralph, Lauren J.
ORCID
Venue
Journal of Adolescent Health
Publisher
Elsevier BV
Published
2021-01
Volume
68
Issue
1
Pages
71-78
ISSN
1054-139X (ISSN-L)
DOI
10.1016/j.jadohealth.2020.08.025
OpenAlex
W3092314247
Cited by
22
References
25
Citations by year
2026: 2 · 2025: 5 · 2024: 3 · 2023: 6 · 2022: 2 · 2021: 2 · 2020: 2
FWCI
2.25
Type
journal article
Language
en
Open access
closed
Licence
Locations
  • Journal of Adolescent Health (publishedVersion)
  • PubMed (publishedVersion)
Funders
Eunice Kennedy Shriver National Institute of Child Health and Human Development
Topics
  • Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Reproductive Health and Contraception
  • Health Sciences › Medicine › Pediatrics, Perinatology and Child Health › Ethics and Legal Issues in Pediatric Healthcare
  • Health Sciences › Health Professions › General Health Professions › Adolescent Sexual and Reproductive Health
Keywords
judicial bypass, abortion, minors, Illinois, travel distance, adolescent autonomy, family conflict
MeSH terms
Abortion, Induced, Adolescent, Female, Humans, Illinois, Parents, Pregnancy, Judicial Role, Minors, Parental Consent, Parental Notification

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