By Indiana Right to Life
The U.S. Seventh Circuit has, for the second time, denied the right of Indiana parents to be notified if a minor daughter seeks a judicial bypass to have an abortion. The 2-1 decision, announced on Friday, was authored by Seventh Circuit Judge David Hamilton, an Obama appointee.
The previous ruling striking the law was vacated by the U.S. Supreme Court in 2019 and the issue was sent back to the Seventh for reconsideration.
Read the full ruling here.
What does it all mean? The courts affirmed that a 12-year old girl can have an abortion in Indiana without her parents knowing.
The judicial-bypass process in the Hoosier state allows a minor to obtain an abortion if a state judge concludes either that the minor is sufficiently mature to make her own decision or that an abortion is in the minor’s “best interests.”
Prior to the amendment, if a state court judge approved an abortion for a minor, her parents were not notified of that decision. Under the 2017 amendment, notification must be given to the minor’s parents of the court-approved abortion unless the court finds such notice is not in the minor’s best interests. In other words, if the court authorizes an abortion based on a minor’s apparent maturity, her parents receive notice of the court’s decision and of the intended abortion.