Texas Supreme Court reconsiders rule allowing minors to get an abortion without parental consent
The Texas Supreme Court is reconsidering rules that allow Texans under 18 to obtain abortions without parental consent in light of the state’s soon-to-take-effect abortion ban. At left is Texas Supreme Court Chief Justice Nathan Hecht.
“The court asked the advisory committee to study the issues raised in the referral letter and make recommendations, which it does almost any time rule changes are contemplated,” said the spokeswoman, Amy Starnes.Current Texas rules require abortion patients under 18 to notify their parents when they are seeking an abortion and receive their permission. But the rules also allow the teen to seek permission from a judge instead.
Blake Rocap, legal director at Jane’s Due Process, a nonprofit that helps represent pregnant minors in Texas, said there will still be a need for the bypass process for children whose physicians determine their pregnancies qualify for that health exception. Amy O’Donnell, spokeswoman for the Texas Alliance for Life, said judicial bypass is no longer necessary. Texas law already allows doctors to perform abortions during medical emergencies when there is “insufficient time” to provide parental notice.
Though lawmakers had considered but ultimately removed a provision that would have required bypass cases to be deemed denied when a court fails to rule on them, the Supreme Court still included that in its published rules. Previously, such cases had been considered granted.
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