Barriers to Access: Evaluating the Accessibility of Judicial Bypasses to Minors in Missouri

Shyamali Choudhury, Washington University in St Louis
Barbara Baumgartner, Washington University in St. Louis

Abstract

Abortion regulation law has a relatively short, but complex history. Several Supreme Court cases join together in defining and setting the precedent for a woman’s right to an abortion. Pregnant minors are similarly protected under the law, but have been subject to a special set of regulations, namely state mandates requiring parental consent for an abortion. Parental consent laws for minors seeking abortions have been found unconstitutional without the inclusion of a judicial bypass option. Judicial bypass allows a minor seeking an abortion to replace parental consent with leave of the juvenile court. Although the state of Missouri has a judicial bypass option in place, the accessibility of this option to pregnant minors was previously unknown. This study assesses the reality of the statute’s accessibility. Evaluation of data collected shows a widespread lack of knowledge throughout the court system about the mandatory judicial bypass option. Every Missouri circuit court failed to provide complete and accurate information about the availability and nature of the judicial bypass. Whether courts are insufficiently informed, unwilling to dispense information or otherwise ill equipped remains a question for future research. However, the effect upon pregnant minors remains the same, as this study revealed significant barriers for minors attempting to exercise their Constitutional rights.