"You're Trying to Do What Now?" A Mystery Shopper Study on Judicial Bypass in Alabama, Georgia, and Mississippi

Judicial bypass is a legal process that allows pregnant minors to obtain abortion without mandated parental involvement after obtaining approval from a judge. However, courthouse staff's familiarity with bypass and quality of information provided about the process may vary.

Between July 2019 and February 2020, we conducted mystery shopper calls to county courthouses in three states mandating parental involvement: Alabama, Georgia, and Mississippi. Research assistants called courthouses and asked about the bypass process, using a semi-structured script. We calculated the percentage of counties where courthouse staff could not provide callers with sufficient information about the process and conducted a content analysis of the call transcripts.

Courthouse staff in 50% of the 214 contacted counties suggested bypass might be possible, but could not provide specific information and 28% communicated bypass would not be possible. Lacking familiarity with the process, staff often referred callers to places that did not handle judicial bypass (e.g., health departments) and sometimes conflated bypass with emancipation, or said abortion was not legal. In 21 counties, courthouse staff stepped outside their professional role and engaged with callers in a personal manner that was often unsupportive of a minor's abortion decision.

Minors attempting to access judicial bypass information directly from courthouse staff may not receive sufficient information or support despite state laws' requirements. Absent the repeal of parental involvement laws, courthouse staff need training on judicial bypass, and policymakers and advocates should enhance resources and pragmatic support for minors navigating the complex legal landscape.