For Women Under 18

A Difficult Decision
When faced with an unplanned pregnancy, women of all ages and backgrounds have had to make the difficult choice between parenthood, adoption and abortion. Knowing yourself and being true to yourself and your own values will help you make the most responsible decision while you are thinking about how this pregnancy will affect your life–now and in the future.This is your choice, but you do not have to make it alone. Seek out people who will support you: your parents, your partner, family, friends, clergy, school counselor, or other trusted adult. Also, Planned Parenthood can help get you in touch with confidential, non-judgmental and objective counseling–professionals who can help you make your decision.

What Do I Do?

What do you do if you think that you are pregnant? First you need to find out for sure if you are pregnant. You could buy a pregnancy test from the drugstore or go to a health care clinic and get a pregnancy test done there. Your local Planned Parenthood or Public Health Department would be good places to go.

If it turns out that you are not pregnant, you should think about using at least one form of birth control if you will continue to be sexually active. Getting pregnant is not your only concern. You need to protect yourself from sexually transmitted diseases (STDs) like AIDS. Condoms protect you fairly well from diseases as well as from getting pregnant if you use a new one correctly each time you have sex. You should use condoms with one other form of birth control, like the pill or the Depo-provera shot. There are other types of birth control too–you can find out more about which ones are the best for you at your local Planned Parenthood or other health care clinic.

If it turns out that you are pregnant, you need to start thinking about your choices right away. Putting them off only makes things much harder. If you decide to continue with the pregnancy, you need to start getting prenatal care. If you decide that you want an abortion, it is safer and cheaper to get it done sooner. Counselors at Planned Parenthood can help you decide what you want to do.

Michigan’s Abortion Law

If you are under 18 and you decide that it is best for you to have an abortion, Michigan law complicates things. Michigan law requires never-married women under 18 who want an abortion to have written permission (consent) from one parent or legal guardian. Even if you already have a child of your own or you do not live with your parents, you must still get one parent’s permission, unless a court has previously named you an emancipated minor.If you can’t or don’t want to get your parent’s consent, you can go to your Circuit Court’s "Family Court Division*" and ask a judge to give you permission to get an abortion. This process is called a "judicial bypass."

Questions & Answers about the Judicial Bypass

Q. I want to get a judicial bypass–where do I start?
A. First you should call your district’s Circuit Court and ask them where you need to go to "file a petition for a judicial bypass." Their number is in the phone book’s white pages in the Government section. Go to the County Government section, and you’ll find the number you need for "Circuit Court." When you call, they will tell you the address where you need to go. You need to go there and file a petition for a judicial bypass. You can also call your local Planned Parenthood for information on how to get a judicial bypass.

Q. Do I need to get a lawyer?
A. No. The court is required by law to provide you with help in preparing and filing your petition. You will be given a free court-appointed attorney, unless you decide to get your own attorney. Planned Parenthood can also provide you with the name of an attorney who is willing to help you for free. It is a good idea to go to court with a lawyer.

Q. What happens in court?
A. First, you will fill out a form (known as a petition) asking that the court give you permission to get an abortion without having your parent’s permission (consent). You don’t need to use your full name–you may just put your initials on your petition. Everything that happens in court will be kept secret and all documents will be sealed. Second, you will sign another form–an affidavit–with your full name, and this will be kept confidential. Then the clerk will arrange a time for you to see the judge in a private hearing. During the private hearing, you and your lawyer will meet with the judge who will ask you a few questions. If after talking with you the judge decides to give you a judicial bypass, you will get a written order saying that you have permission to have an abortion without your parent’s consent. You must bring the permission form with you when you go for your abortion. If you lose the form, you need to go back to court or your lawyer to get another copy.

Q. Do I have to go to a judge in the county I live in?
A. No. The law lets you file a petition anywhere in Michigan.

Q. What does the judge need to know? What will they ask me?
A. The judge must find you mature and informed about your decision to have an abortion, or decide that it is in your best interest to have an abortion, before s/he will give you a judicial bypass. The questions a judge might ask you vary from one judge to another. You should be prepared to answer questions like these:

• Do you know how an abortion is done, and do you understand the medical risks?
• How did you make the decision to have an abortion?Are you aware of alternatives to abortion, such as adoption and parenting the child?
• What steps have you taken since you found out that you were pregnant?
• Who have you talked with about your pregnancy?
• Why are you unwilling or unable to tell your parents? Are you worried about their reaction to your pregnancy? What do you believe would happen if you told them?
• Do you work? Where and when do you work, and how much money do you make? Do you go to school?
• What is your relationship with your parents like?
• What are your plans for the future? Do you plan to work or go to school?
• What do you know about birth control? Are you planning to use it in the future?

There is no guarantee that the judge will ask you these questions–these are just some possibilities.

Q. How long will it be before I know if I got the judicial bypass?
A. The total process, from filing your petition to getting a written decision from the judge, may take six "business days"–but no longer than that.

• If you ask the court to get you an attorney, they have to provide you with one within 24 hours–one day–of your request.
• Your hearing for a judicial bypass (when you talk with the judge) must be held within 72 hours–three days–of filing your request.
• A written decision from the judge must be given within 48 hours–two days–of the hearing.Sundays and holidays don’t count as "business days"–for example, if you filed your petition on Friday you might not get your hearing until Tuesday instead of Monday.

Q. Do I have to get an abortion if the judge gives me a judicial bypass?
A. No. It is okay to change your mind. Just be sure to hang on to the judge’s written decision so that if you want an abortion you still have permission to get one. The form can be used up to 24 weeks into the pregnancy.

Q. How much will it cost me to get a judicial bypass?
A. Absolutely nothing. There is no charge for a judicial bypass.

Q. What happens if the judge denies me a judicial bypass?
A. Hopefully this won’t happen. It would be good to get in touch with someone at Planned Parenthood before you file your petition. They might be able to tell you which judge would be most likely to help you. You do not have to file a petition in your home county. If you are denied a judicial bypass you may appeal the Circuit Court’s decision to the Court of Appeals. Your lawyer can help you.

Tips

• When you go to your hearing, be clean and neat, and dress as you would if you were going to a job interview, to church or temple, or to a solemn occasion.
• If you are more comfortable, you may bring along a friend or a relative to all of these proceedings.

Your Rights

What happens in court may be a little different in each county, but your rights are the same in every county. It is very important to know what your rights are and to keep them in mind when you go through this process:

• You have the right to a speedy process. The court is supposed to reach a decision quickly to serve your best interests.
• You have the right to a lawyer. If you don’t have one, and want one, the court must provide you one at no cost. It is best to arrive at court with a lawyer.
• You have the right to no court costs. You will not be ordered to pay any money.
• You have the right to confidentiality. No one should ever know you have been to court asking permission for an abortion. The papers you submit should be filed anonymously–without using your name. The affidavit you will file with your real name will be kept confidential. Your parents will not be told.
• You have the right to answers to your questions. Someone at the clerk’s office should always be available to answer your questions, either in person or by phone. Never hesitate to ask any questions you might have about anything.

Paying for an Abortion

Prices for an abortion are different depending on how far along you are in your pregnancy. If you are on Medicaid, it will not pay for your abortion–except in cases of rape or incest, or to save your life. Some Planned Parenthood clinics have loan funds or access to community funds if you don’t have enough money. Be sure to call your abortion provider and find out how much an abortion will cost you.

To reach the Planned Parenthood nearest you call toll-free 1-800-230-PLAN

* At the time this was being written the court system was being reorganized. The Circuit Court’s Family Court Division was brand new and not fully in place in all districts. It is possible that in some districts the judicial bypass procedure is still being handled by the Probate Court. If this is the case in your district, the only change in the process is that you will "file a petition" with the Probate court instead of the Circuit Court. Everything else in the process is the same.

This informational pamphlet was adapted from Planned Parenthood of Southeast Michigan’s "Obtaining Parental or Court Consent" and Planned Parenthood Centers of West Michigan’s "Information for Women under 18–Michigan’s Abortion Law." Prepared by Planned Parenthood Affiliates of Michigan
P.O. Box 19104
Lansing, MI 48901

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