Road closed: Evaluating the judicial bypass provision of the Pennsylvania Abortion Control Act

This paper examines the extent to which Pennsylvania county courts are prep ared to implement the judicial bypass provision of the state's abortion sta tute. Under the Pennsylvania Abortion Control Act it is illegal for physici ans to preform abortions on pregnant miners without parental consent. The c onstitutionality of this requirement has been upheld, but only when states provide a mechanism allowing a minor to bypass parental involvement. The Pe nnsylvania statute includes a judicial bypass provision that is formally co nsistent with legal precedent. However, based on a study of how county cour ts respond to inquires into the judicial bypass procedure, this paper demon strates that most courthouses are not prepared to implement or provide accu rate information on bypass proceedings. Since the constitutionality of Pare ntal involvement requirements is conditioned on the availability of a by-pa ss option, the paper argues that the courts' lack of readiness poses a sign ificant threat to the rights of pregnant miners.