Texas Supreme Court reconsiders rule allowing minors to get an abortion without parental consent

The Texas Supreme Court is reconsidering rules that allow Texans under 18 to obtain abortions without parental consent in light of the state’s soon-to-take-effect abortion ban. Chief Justice Nathan Hecht asked an advisory committee to make a recommendation on the matter in an Aug. 1 letter obtained by Hearst Newspapers, asking the committee to “conclude its work” at a meeting next week on Aug. 19.

A spokeswoman for the high court explained that the justices believe the new law, and a landmark June ruling from the U.S. Supreme Court overturning federal protections on abortion, have “raised questions about whether the parental-notification rules are still consistent with Texas law.” “The court asked the advisory committee to study the issues raised in the referral letter and make recommendations, which it does almost any time rule changes are contemplated,” said the spokeswoman, Amy Starnes. Current Texas rules require abortion patients under 18 to notify their parents when they are seeking an abortion and receive their permission. But the rules also allow the teen to seek permission from a judge instead. The number of minors who have been able to access that legal process ground to a near-halt after Texas imposed its six-week abortion ban in September 2021 — in August, 20 minors were able to get their cases before judges, state data shows. By October, once the ban was in place, that number dwindled to just two. Still, attorneys who represent the young “Jane Does,” named as such in court filings for confidentiality purposes, say there will still be a need for the process, known as judicial bypass, even once the trigger ban takes effect on Aug. 25.