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Updated: Jul 7, 2025

An Immature Murine Model of Reversible Unilateral Ureteral Obstruction
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Judicial bypass for minors post-Dobbs.

Sarah Horvath1, Susan Frietsche2

  • 1Department of Obstetrics and Gynecology, Penn State University College of Medicine, Hershey, PA, USA.

Women'S Health (London, England)
|December 26, 2023
PubMed
Summary

Parental involvement laws add complexity to abortion access for minors. The judicial bypass process offers an alternative, but challenges persist, especially after the Dobbs decision and state abortion bans.

Keywords:
abortionadolescent healthjudicial bypassminorparental involvement lawsreproductive health

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Area of Science:

  • Legal Studies
  • Medical Ethics
  • Public Health Policy

Background:

  • Parental involvement laws mandate parental notification or consent for minors seeking abortions.
  • Judicial bypass provides a legal mechanism for minors to circumvent parental involvement requirements.
  • Pre-existing parental involvement laws complicated abortion access for minors even before the overturning of Roe v. Wade.

Purpose of the Study:

  • To explain parental involvement laws and judicial bypass from legal and medical viewpoints.
  • To analyze the evolving challenges to minor abortion access in the post-Dobbs era.
  • To provide commentary on the reproductive healthcare landscape for minors.

Main Methods:

  • Narrative review of state laws and legal precedents.
  • Commentary integrating legal and medical perspectives.
  • Analysis of challenges in the year following the Dobbs decision.

Main Results:

  • 36 states had parental involvement laws before the Dobbs decision, complicating access.
  • At least 15 states have enacted total abortion bans since the Dobbs decision.
  • The combination of parental involvement laws and abortion bans creates significant geographic and equity barriers.

Conclusions:

  • Parental involvement laws and judicial bypass systems present complex legal and medical hurdles for minors seeking abortion care.
  • The post-Dobbs landscape, with state-level abortion bans, exacerbates these challenges, creating inequities in reproductive healthcare access.
  • Continued legal and medical analysis is crucial to understand and address the evolving barriers faced by minors.