Study examines teen abortion, judicial bypass option in state

Many courts throughout Michigan are giving inaccurate and misleading advice to young women seeking abortions without parental consent, new U-M research indicates.

The study looked at the accessibility of Michigan’s judicial bypass process to minors. State law requires a minor to have permission from a parent or guardian before having an abortion, but allows her to bypass this requirement by going before a judge and demonstrating that she is sufficiently mature to make the decision on her own or that having an abortion is in her best interests.

“The need to be assisted and treated fairly by courts is a universal one that should not be jeopardized for any reason,” says Christine Irish, one of seven students who conducted the research and authored the report. “Regardless of the controversy surrounding abortion and the law, what’s important is that we hold our courts accountable for the way they are treating citizens who come to them for help.”

Less populated counties, the research showed, performed better in terms of dispensing the correct information about the judicial bypass process than more populous counties. Courts in smaller counties were more effective because they did not seem overwhelmed or rushed when dealing with callers, and because it was easier for callers to navigate the phone menus and talk to a person, the study showed.

Irish and her classmates conducted the research as part of a winter term 2010 class, Advanced Gender and the Law, taught by Anna Kirkland, an assistant professor.

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