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. To access any of the necessary forms, click on the form number. To access any of the topics, click on the topics. If you have questions about the process for obtaining a waiver, please contact the circuit court in your county. Find the circuit court in your county by clicking here and then clicking on your county >>.

Statutes and Court Rules
Using Court Forms
How to Begin
The Court Hearing
Getting the Order
If the Court Denies the Petition

Statutes and Court Rules

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.

Select the form you need from the list below. You can ask the clerk for help in preparing the forms.

Notice to Minor of Rights Regarding Waiver of Parental Consent for an Abortion, PC 117
Request and Order for Court Appointed Attorney / Guardian Ad Litem for Waiver of Parental Consent, PC 118
Petition for Waiver of Parental Consent for an Abortion, PC 119
Order Granting / Denying Waiver of Parental Consent for an Abortion, PC 120
Appeal of Order Denying Petition for Waiver of Parental Consent, PC 121
Confidential Information for Proceedings Concerning Waiver of Parental Consent, PC 122

back to top

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. Find the circuit court in your county by clicking here and then clicking on your county > >.

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.

back to top

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.

Back to top

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.

Back to top

Get the latest version of Internet Explorer. Some of the files on this site are PDF files. To view PDF files, you need Acrobat Reader. Download your free copy here.

Questions about this site should be sent to webinfo@courts.mi.gov.
This site was last updated on .