Obtaining Consent for an Abortion
The following information will explain how to get permission for an abortion if your parent or guardian will not give you their consent or if you find yourself in a situation where you cannot ask them.
In order to obtain permission for an abortion from a judge, you must visit the Superior Court in the county where you live and file an application (also known as a petition) at the Clerk of the Court’s Office. You will then meet in private with a clerk who is specifically trained in this process.
Once you have completed the application, the clerk can assign a lawyer who will represent you at no charge. The clerk will then take your application to the judge, who may hear your case right away. If that is not possible, a notice of a hearing will be given to you. It will tell you the time and day of your hearing.
During your hearing, the judge will probably ask you some questions to decide if you are mature enough to make the decision to have an abortion yourself or if an abortion would be in your best interest. You may be nervous, but don’t worry, that is normal. Simply answer the judge’s questions honestly.
Some questions that might be asked are:
- Are you aware of existing alternatives to abortion, including adoption and parenting?
- How did you make the decision to have an abortion?
- Are you aware of how an abortion is done and do you understand the possible medical risks? You may be asked to describe the procedure or the risks to the judge visit Abortion Services and Information | Procedures & Options for more information.
- Does your partner know that you are pregnant?
- How does your partner feel about the pregnancy? You are not legally obligated to tell your partner that you are pregnant.
- What kind of relationship do you have with your parents?
- Why are you unwilling or unable to talk to your parents about your pregnancy?
- What do you believe would happen if you told them?
- Do you have reason to believe they would react negatively due to something that has happened in the past?
- Do you work? If so, where and when do you work, how much money do you make?
- Do you go to school? If so, are you a good student?
- What are your future plans (school, job, etc.)?
- How are you going to pay for the abortion? If you need help paying for an abortion visit abortionfunds.org
- Do you know what would happen if you had a medical complication? Visit these pages for more information about the Safety of abortion in the United States and The comparative safety of legal induced abortion and childbirth in the United States.
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What do you know about birth control?
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Are you planning to use it in the future? For more information about birth control options visit plannedparenthood.org
After the Hearing
After the hearing, the judge will decide whether you may proceed with your abortion. Usually, the judge makes a decision right away, and you are immediately given a written Court Order that tells you what the decision is. If not, the clerk will arrange a way to get the decision to you.
If the judge authorizes you to have an abortion, immediately contact an abortion provider to schedule your appointment.
If the judge refuses to authorize the abortion you may either:
- Appeal the judge’s decision. Your lawyer can help you decide if this is a good idea in your case. If you did not have a lawyer when you began the process, you will need one for an appeal.
- Ask your parents for their consent.
Your Rights
It is very important that you know what your rights are in this process.
You have the right to:
- A speedy process. The court is required to issue a ruling within 48 hours.
- A lawyer. You have the right to have a lawyer to represent you if you want one. If you do not have a lawyer, and wish one, the court must provide one at no cost to you. It is best to arrive at court with a lawyer.
- Free court costs. If you request a “waiver of costs and fees” you will not have to pay court costs or lawyer fees.
- Confidentiality. All proceedings are confidential. This means that no one should ever know you have been at the court requesting permission to obtain an abortion.
- Answers to your questions. Someone in the Clerk of the Court Office is available to answer your questions. Any question you have regarding obtaining consent for an abortion is an important question.
Frequently Asked Questions
Do I need a lawyer?
No. You can go to the Clerk’s Office of Superior Court and appear before the judge without a lawyer. Some counties will provide you with specially trained court-appointed attorneys to represent you at no charge.
How long will this process take?
You should be given a decision within 48 hours of the filing of your application/petition. If, after 48 hours, you have not been given a decision, you will automatically be allowed to proceed with the abortion.
What should I wear to court?
The hearing will most likely occur the same day you go to the Superior Court to fill out the application/petition. It is important to follow the court dress codes and business attire is recommended.
What if my parents find out I went to court?
The court will not notify your parents. Your court records are confidential.
Superior Court Locations
Apache County
70 W 3rd Street S
St Johns, AZ
(928) 337-7550
Cochise County
100 Quality Hill Road
Bisbee, AZ 85603
(520) 432-8570
Coconino County
200 N San Francisco Street
Flagstaff, AZ 86001
(928) 679-7600
Gila County
1400 E Ash Street 714 S. Beeline Hwy
Globe, AZ 85501 Payson, AZ 85541
(928) 425-3231 (928) 474-3978
Superior Court in Greenlee Count
223 Fifth Street
Clifton, AZ 85533
(928) 865-4242
Graham County
800 W Main Street
Safford, AZ 85546
(928) 428-3100
Superior Court in La Paz County
1316 Kofa Ave, Ste. 607
Parker, AZ 85344
(928) 669-6131
Maricopa County (Phoenix)
3131 W Durango
Phoenix, AZ 85009
(602) 506-4533
Maricopa County (Mesa)
1810 S Lewis
Mesa, AZ 85210
(602) 506-4533
Mohave County
415 E Spring St
Kingman, AZ 86401
(928)753-0713
Superior Court in Navajo County
100 E. Code Talkers Drive, South Highway 77
Holbrook, AZ 86025
(928) 524-4188
Pima County - Juvenile Court
2225 E Ajo Way
Tucson, AZ 85713
(520) 724-2064
Pinal County
971 N Jason Lopez Circle Bldg. A / Hwy. 79
Florence, AZ 85132
(520) 509-3555
Superior Court in Santa Cruz County
2150 N. Congress Drive, Suite 2200
Nogales, AZ 85621
(520) 375-7700
Yavapai County
120 S Cortez Street
Prescott, AZ 86303
(928) 771-3312
Yuma County
250 W 2nd St, Suite B
Yuma, AZ 85364
(928) 817-4222
Book an Appointment
Or call 1-800-230-7526