Legal Definitions - judicial-bypass provision

Definition: A judicial-bypass provision is a legal rule that allows a minor to get permission from a court instead of their parents or guardians. This is often used when a minor needs to make a decision about their health or well-being, but their parents or guardians cannot or will not give consent.

Example: In some states, minors can get an abortion without their parents' permission if they get approval from a judge. This is an example of a judicial-bypass provision. The minor would have to go to court and explain why they cannot get consent from their parents or guardians. If the judge agrees, they can give the minor permission to get the abortion.

Explanation: The example illustrates how a judicial-bypass provision works in practice. It shows how a minor can use the legal system to make important decisions about their health and well-being when their parents or guardians cannot or will not give consent. The provision is designed to protect minors and ensure that they have access to necessary medical care or other services.