Under R.C. 2151.85, a minor, pregnant woman may seek a court order allowing her to induce an abortion without notice to her parents, guardian, or custodian. The woman must show that (1) she is sufficiently mature and well-enough informed about the process to make the decision independently and/or (2) one or both of her parents are engaged in abuse against her or that notification to them would not be in her best interest. In In re Doe, 2024-Ohio-2140, the 10th District recently reviewed the requirements of the statute. At the trial court level, the Judge denied the minor’s request for judicial bypass.
Under R.C. 2505.073, the minor then exercised her right to an immediate appeal. The 10th District held that notification to the minor’s parents is not necessary, nor is it necessary for the minor to seek an abortion and be denied before the Court can issue a judicial bypass order. In addition, if the minor is in the custody of an agency (such as Franklin County Children Services), the issue of notification and/or consent of a parent is irrelevant because the parent has no legal right to decision-making. As to whether a minor is mature enough to make the decision independently, this must be shown by clear and convincing evidence. If the minor is close to age 18, this weighs heavily in the petitioner’s favor. Additional evidence to demonstrate this factor includes having knowledge of the risks and alternatives, understanding the economic reality of pregnancy, efforts to educate oneself on the procedure and consult a physician, and resolve to using birth control in the future.
