TAMPA, Fla. — A new report from Human Rights Watch found that Hillsborough County judges denied abortion requests for teens at a higher rate than anywhere else in Florida.
Currently, Florida law requires minors, or people under 18, to get parental consent before they can access abortions. But teens can get that requirement waived if they appear before a judge. The process is called a judicial bypass.
The process can be invasive — young people have to stand before a judge and detail the circumstances that led to their pregnancy and why they can’t ask a parent for consent, among other things. It can be traumatizing and intimidating, reproductive rights advocates say, and in the end, the minor could still be denied access. In Florida, that’s happening with increasing frequency, according to data analysis by Human Rights Watch, a nonprofit that investigates rights abuses globally.
Margaret Wurth, a researcher with the organization, said the report released Thursday aimed to understand what was causing the high denial rate, which has increased over the last 15 years.
In 2007, the denial rate across Florida was 3.3%. In 2022, that climbed to 8.6%. The highest denial rate was in 2020, when it hit 13.3%.
“What we found was that it’s this extremely arbitrary decision-making process where judges have the power to determine young people’s access to abortion care based off of things like their grades, their personality, and how they present themselves in this extremely intimidating hearing,” Wurth said.
A key factor — researchers found — was where a minor lived.
The report requested data from state and county courts on waivers to see how many were denied each year. Seven counties in Florida received 10 or more petitions from minors each year in 2020 and 2021. The denial rate varied drastically by county.
In Miami-Dade County, for instance, 26 waivers were requested in 2021. None were denied.
However, in Hillsborough County that same year, 21 waivers were requested but more than half were rejected.
At 52.4%, Hillsborough County had the highest denial rate in Florida in 2021. The next highest among counties with 10 or more requests was Palm Beach, which had a denial rate of 10% that year.
“The way the statute is written, it grants significant power to judges to make these decisions for young people,” Wurth said. “It really shows that where you live is going to significantly determine your access to care.”
Through analyzing court records, the report found that reasons listed for waiver denials included misspelled words in the petition, presenting as being “nervous” or lacking maturity.
Kristen Flynn, a Florida attorney who represents minors seeking judicial bypasses pro bono, said the process is daunting and meticulous. That’s especially true if the young person hasn’t connected with an organization that offers help navigating the court system.
When a minor seeking permission for an abortion enters a clerk’s office, they’re handed a form to fill out, justifying their need.
“Kids don’t really know what to put,” Flynn said. “They don’t know what the law is or what’s required or what’s necessary.”
She said she’s seen cases where minors represent themselves after turning down a court-appointed attorney because they don’t know that it’s free and could help them.
“It isn’t always explained to them,” Flynn said. “The judge is basing the decision on the credibility of the child’s testimony. If the child isn’t forthcoming because of the absolutely horrific nature of what they’re having to discuss with a complete stranger, they’re likely going to be denied.”
And with Florida’s more recent restrictions on abortion access, barriers to care are greater than before. The state’s more recent restrictions include the 15-week ban and requiring two appointments as well as a 24-hour waiting period before an abortion can be performed.
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