Waiver of Parental Consent for an Abortion - Self Help
The following information explains some of the process for seeking a waiver of parental consent for an abortion.
Waiver of Parental Consent for an Abortion
Under the laws of Michigan, a person shall not perform an abortion on a minor without first obtaining the written consent of the minor and one of the parents or the legal guardian of the minor. If a parent or the legal guardian is not available or refuses to give his or her consent, or if the minor elects not to seek the consent of a parent or the legal guardian, the minor may ask the court for a waiver of parental consent.
The forms you will need to file with the court are available on this website or will be given to you free of charge by the family division of circuit court. You may request the forms by contacting the family division of circuit court. If requested, the court will mail a copy of the forms to the address you request.
Statutes and Court Rules
Statutes and court rules associated with waiver of parental consent for an abortion proceedings are: MCL 722.901 through 722.909 and MCR 3.615.
Using Court Forms
Court forms are available for use in proceedings for parental waiver of consent for an abortion. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney.
You can ask the clerk for help in preparing the forms.
How to Begin
In order to obtain a waiver of parental consent, you (the minor) must file a petition for waiver of parental consent for an abortion and the confidential information sheet in the family division of the circuit court in the county where you reside or where you are located. You should read the notice of rights form. Everything about these court proceedings is confidential.
Petition for Waiver of Parental Consent for an Abortion
Complete the petition (form PC 119) and the confidential information sheet (form PC 122) and file it with the court. There is no filing fee. You may use your initials in the petition if you do not want to use your full name. You can ask the clerk for help in preparing and filing your petition.
You can have the petition signed and filed by a "next friend" instead of doing it yourself. A "next friend" is any competent and responsible adult. The following cannot be a next friend:
- a physician who performs abortions,
- a person who is employed or paid by a physician who performs abortions or an organization that provides abortions or abortion counseling and referral services, and
- a person who serves as a board member or volunteer to an organization that provides abortions or abortion counseling and referral services.
Getting Help from an Attorney or Guardian Ad Litem
You can ask the court to appoint an attorney or guardian ad litem to help you before or after filing the petition. If you ask the court for an attorney or guardian ad litem, one will be appointed immediately at no cost to you. To ask the court to appoint an attorney you may file a request for appointment of court-appointed attorney for waiver of parental consent.
The Court Hearing
After a petition is filed, the court will have a hearing on your petition within 72 hours, excluding Sundays and holidays. The hearing is closed to the public. The court shall set a time and place for a hearing and notify the filer at the time the petition is filed. The court shall give notice of the hearing only to the minor, the minor's attorney, next friend, and guardian ad litem. Notice of hearing may be oral or written and may be given at any time prior to the hearing. The hearing may be scheduled to commence immediately if the minor and her attorney, if any, are ready to proceed.
Getting the Order
You must attend the hearing on the day and at the time and place stated in the summons. You may be required to testify at the hearing. After the hearing, the court will prepare the order, form PC 120. See general information about hearings.
The court is required to issue an order either allowing or denying your petition within 48 hours, excluding Sundays and holidays, after the hearing ends.
If the Court Denies the Petition
If the court denies your petition for waiver of parental consent, you can appeal the order to the Michigan Court of Appeals. If you want to appeal the order, the court will appoint an attorney to represent you.