judicial bypass. A procedure permitting a person to obtain a court’s approval for an act that would ordinarily require the approval of someone else, such as a law that requires a minor to notify a parent before obtaining an abortion but allows an appropriately qualified minor to obtain a court order permitting the abortion without […]
judicial-bypass provision. Family law. 1. A statutory provision that allows a court to assume a parental role when the parent or guardian cannot or will not act on behalf of a minor or an incompetent. 2. A statutory provision that allows a minor to circumvent the necessity of obtaining parental consent by obtaining judicial consent.
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parental-consent statute. A statute that requires a minor to obtain his or her parent’s consent before receiving elective medical treatment. • Without parental consent, a physician or other medical professional commits a battery upon a child when giving nonemergency medical treatment. To pass constitutional muster, a parental-consent statute must include a judicial-bypass provision. Planned Parenthood
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