I’m under 18. Can I get an abortion?
YES. YOU CAN GET AN ABORTION IN NORTH CAROLINA UNDER THE AGE OF 18.
If you are under 18 and have decided to get an abortion in North Carolina, you have two options. First is that one of your parents, a legal guardian, a grandparent with whom you have lived for at least six months, or a person who you live with who stands in loco parentis (meaning that they have parent-like responsibility for you) gives you permission to get an abortion -- this is generally called “parental consent.” If that isn’t possible, or you don’t want to ask them, then there is a second option, called “judicial waiver.” A judicial waiver is getting a judge’s permission to get an abortion without involving a parent. That may sound intimidating, but we are here to help.
Can I get an abortion without my parent's permission?
Yes, it is called “judicial waiver.” In North Carolina you can file a petition for judicial waiver of parental consent -- this is a court proceeding where you would ask a judge to excuse you from having to get parental consent. It is free, confidential, and we have resources to help you navigate the process.
How do I get a judicial waiver (an abortion without my parent’s permission)?
Text Abby, our free text line for those seeking a judicial waiver, is temporarily unavailable. In the meantime, you can visit the Repro Legal Helpline (844-868-2812). Their free, confidential service can help you get a judicial waiver.
What happens at the hearing with the judge?
The hearing is usually informal and is absolutely confidential. It is not a trial. In some counties, it is held in the judge’s office (called “chambers”), not in a courtroom. In many counties, the judge sits with you and your lawyer around a desk or table. There are no reporters, no jury, and no lawyer on the other side. The hearing typically lasts a short time.
Who will be at the hearing?
The hearing is private. No one is allowed to attend except you, anyone you choose to bring with you, your lawyer, the judge, and possibly the judge’s clerk.
What kinds of questions will I have to answer?
The judge may want to know that you understand the abortion procedure; that you have thought carefully about your decision; and that no one is forcing you to get an abortion. The judge may also want to know whether you have responsibilities at home, school, or work (such as babysitting, caring for sick relatives, part-time jobs, etc.) or plans for the future that show how mature you are.
How long will it take the judge to decide?
The judge must conduct a hearing and decide within seven days of the filing of the petition. Sometimes they will decide at the end of the hearing, but other times they will think about it for a few days before giving their decision.
What happens if the judge rules in my favor?
The judge will sign a piece of paper called an “Order” that gives you permission to get an abortion. The Order will stay in a confidential court file and the clerk will sign a "Certificate Waiver of Parental Consent Requirement for Minor's Abortion" that you must take with you when you go for the abortion, along with any other consent forms or identification required by your abortion provider.
What can I do if the judge rules against me?
You have 24 hours to file an appeal in Superior Court, which must hold a hearing within seven days and make a decision within 48 hours of the hearing. Your lawyer can help you file the appeal.
What if I change my mind?
You are always free to change your mind and decide you do not want an abortion. The Order simply states that you may have the abortion if you want it; it does not force you to get one.
I want help talking to my parents about my abortion.
Dealing with an unexpected pregnancy can be overwhelming, and sometimes more so if you are a minor. Even with legal limits and potential pressures from parents or other adults in your life, it is still your choice to choose if you want to parent.
Follow the links below for suggestions on talking with the adults in your life:
You can call a free, confidential counselor at All Options if you’d like to speak with sometime about what all of your pregnancy options are. If you’re looking for support around adoption, we recommend reaching out to the JustChoice Network.
