Abortion,Parental Consent, and Judicial Bypass of Parental Consent Requirement
Yes. The United States Supreme Court ruled that a woman has a right to an abortion in the United States. But the states are allowed to adopt some rules related to getting an abortion. Alaska law now requires an unemancipated minor who is pregnant to notify a parent or have parental consent before having an abortion.
If you are under 18, unmarried and unemancipated, a doctor licensed in Alaska is prohibited by law from performing an abortion unless
- one of the your parents, or your guardian or custodian, has been notified or has agreed in writing to allow you to have an abortion; or
- you have a court order giving you permission to have an abortion without notice to or the agreement of a parent, guardian or custodian; or
- five days have passed without court action after you file a legal form (called a petition or complaint) asking the court to give you permission to have an abortion without notice to, or consent of, a parent, guardian or custodian.
If you are under 18, and not married or emancipated, you can apply for a court order allowing you to have an abortion without notice to or consent of your parent, guardian or custodian. This process is known as “judicial bypass.” You must turn in a form (also called filing a complaint) to the superior court asking for this approval. You can get the form and instructions about how to fill it out and turn it in either online or from the superior court. The completed form can be sent to the court by fax or e- mail. There is no charge for submitting this form.
If you cannot hire a lawyer to help you, the court must appoint one for you.
In Anchorage you can get the Judicial Bypass Packet at the Probate/Children’s Division of the Superior Court, located at the Boney Courthouse, 303 K Street, Second Floor, Anchorage, Alaska 99501. The phone number in Anchorage is (907) 264-0433. In other parts of Alaska, the forms and instructions are available at the Alaska court office nearest to you.
You can find the 3 forms that you need at this site. The 3 forms are:
- Form P-500 explains your rights;
- Form P-501 has detailed instructions and gives court locations and phone numbers;
- Form P-505 is the complaint
Print out the forms and fill them out. You can call 1-855-724-0615 for assistance in filing by fax or e-mail.