Abstract

In some states, a minor cannot obtain an abortion without first notifying and/or obtaining consent from one or both parents. The Supreme Court has required these states to provide a judicial bypass mechanism in which a minor who fears retribution or who is otherwise unable to satisfy the consent/notification statute, can seek permission from a court instead. The question I present is this: Can a Catholic lawyer represent a minor in such a proceeding? I analyze the problem under canon law, catholic theology, and legal ethics. On balance, I conclude that a Catholic lawyer should not undertake the representation of a minor in a judicial bypass proceeding.

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