Judicial Bypass in WV
What is a judicial bypass?
According to West Virginia law, a physican may not perform an abortion on an unemancipated minor without informing their parents or legal guardians twenty-four hours prior to the procedure. The judicial bypass is the exception to this law.
A judicial bypass is an order from a judge that allows a minor, anyone is 18 years old or younger that hasn’t graduated from high school to have an abortion without informing their parents or guardians.
How to get a judicial bypass?
Minors may seek a judicial bypass for a variety reasons, including: maturity, threat of violence at home, pregnancy resulting in rape or incest, or a variety of other reasons. The process itself involves the minor filing a request with their local court for a confidential hearing in front of a judge.
The first step should be contacting the Women’s Health Center of West Virginia to schedule a sonogram. Individuals may want to make their abortion appointment at this time since they can fill up quickly. The Women’s Health Center can also help guide minors through the legal process. Additionally, WV FREE offers legal counsel for minors free of charge, assists in walking the minor through the legal process of obtaining a bypass, and will accompany them at the hearing.
How long does it take to get a judicial bypass for an abortion?
According to article 16-2F-3 of West Virginia code, “The court shall conduct a hearing upon the petition without delay, but may not exceed the next succeeding judicial day. The court shall render its decision immediately upon its submission and, its written order not later than twenty-four hours and entered in the record by the clerk of the court.”
How much does it cost to get a judicial bypass?
There are no legal fees for acquiring a judicial bypass.
Will anyone know if I get a judicial bypass?
No, the process is entirely confidential.
How do I pay for my abortion?
- Call the Women’s Health Center of West Virginia at (304) 344-9834 and ask about the WV FREE Choice Fund
- National Network of Abortion Funds
- Call the National Abortion Federation’s Hotline
How far along can I get an abortion?
According to West Virginia State Law, a person can have an abortion within the first 20 weeks of pregnancy. At our only remaining clinic in West Virginia, an abortion can be obtained until 16 weeks.
Where can I get an abortion?
West Virginia currently has only one abortion clinic, the Women’s Health Center of West Virginia located in Charleston, WV.
Family Planning Services
Can I get birth control without parental permission?
In West Virginia, a minor can access birth control without parental consent because of a federal mandate called Title X. This federal mandate has granted access to birth control regardless of their age or income. This service protects minors because of their age and financial restrictions. The service is both free and confidential. You can access this birth control at any Title X facility, such as, a health department. It is important to note that you can go to any site that is Title X, not just the one that is closest to you. You can find a list of these facilities here by entering your Zip code.