In South Carolina, you will need to get a Judicial Bypass if you are under the age of 17. While it is not necessary to have an attorney, it is a better idea to have one to help you through the process. There are attorneys throughout the state that volunteer to represent you. County health centers, clinics that provide abortions, and clerks of court in courthouses near where you live can put you in touch with an attorney.

Even if you decide to go forward without an attorney, the South Carolina abortion statute does require you have a Guardian ad Litem. This can be someone of your own choosing who will tell the court that you have the maturity to be allowed to make your own decision as to whether or not you want to seek an abortion. Many times the attorney has someone she works with that can serve as your Guardian.

Once you have been in touch with an attorney, she can prepare the paperwork and get the hearing scheduled. The attorney and Guardian ad Litem will want to meet with you before the hearing to prepare your story for the judge and answer any questions you may have. The hearing will be heard within two to three days after the attorney files the necessary paperwork.

The scheduled hearing is in front of a judge. The courtroom is closed to all outsiders so that your privacy is protected. The only people who will be present in the courtroom will be the judge, your attorney, your Guardian ad Litem, the court reporter who makes a transcript of the hearing, a deputy, and you.

The judge will swear you in, and you may sit at the table with your attorney or you may be asked to sit in the witness chair so the court reporter can hear you better. Your attorney will ask you questions that will give the judge an understanding as to why you could not get permission from a family member to get an abortion and why you are mature enough to make this decision on your own.

The judge may have questions for you and will ask the Guardian ad Litem to explain why she thinks you are mature enough to make the decision about an abortion.

The judge may want to know that you understand the abortion procedure, that you have thought carefully about your decision, and that no one is forcing you to get an abortion. The judge may also want to know whether you have responsibilities at home, school, or work (such as babysitting, caring for sick relatives, part-time jobs, etc.) or plans for the future that show how mature you are.

The judge will want to know that you have considered other alternatives. Additionally, the judge may want to know about your general health. Importantly the judge will want to know why you are seeking a bypass and not asking your family to allow you to get an abortion.

The judge must conduct a hearing and will decide at that time as to whether or not to grant you the right to make the decision about having an abortion. The hearings are about twenty minutes long, and the judge decides at the end of the hearing as to whether you will be allowed to make your own decision about your abortion.

The judge will sign a piece of paper called an “Order” that gives you permission to get an abortion. The attorney will have prepared the Order prior to the hearing. The judge will place a copy of the Order in the file, which will be sealed, and give you a copy. This is the document that must be presented to the clinic where you are seeking the abortion to prove you have the right to forward.

You have the right to ask a higher court to determine if the judge was in error in denying you the right to make your own decision about your abortion. In South Carolina, the Supreme Court is the court that will hear your request. An attorney can help you get through this process. The case will be heard within two days of the first judge denying your request.

You are always free to change your mind and decide you do not want an abortion. The Order simply states that you have proven to the court that you are mature enough to be allowed to have an abortion if you want to without having to ask anyone for permission.