Getting an Abortion As a Minor

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

• Jane’s Due Process
• Abortion Care Network

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.