Ohio v. Akron Center for Reproductive Health

In Ohio v. Akron Center for Reproductive Health, 497 U. S. 502 (1990), the Supreme Court upheld a statute requiring a minor to notify one parent before having an abortion, subject to a judicial bypass provision. We declined to decide whether a parental notification statute must include some sort of bypass provision to be constitutional. Id., at 510. Instead, the Supreme Court held that this bypass provision satisfied the four Bellotti criteria (Bellotti v. Baird, 443 U. S. 622 (1979)) required for bypass provisions in parental consent statutes, and that a fortiori it satisfied any criteria that might be required for bypass provisions in parental notification statutes. The judicial bypass provision in Akron allowed a court to waive the notification requirement if it determined by clear and convincing evidence "that notice is not in [the minor's] best interests" (not that an abortion is in her best interests). 497 U. S., at 508 (citing 2151.85(A)(4)). And the Supreme Court explicitly held that this provision satisfied the second Bellotti requirement, that "the procedure must allow the minor to show that, even if she cannot make the abortion decision by herself, `the desired abortion would be in her best interests.' " 497 U. S., at 511.