Ohio Rev. Code » Chapter 2151 - Ohio Revised Code | Ohio Laws
Ohio Revised Code

Ohio Rev. Code § 2151.85 (2026)

Unmarried, unemancipated minor may seek abortion without notice to parent, guardian or custodian

✓ current as of May 2026
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Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
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(A) A woman who is pregnant, unmarried, under eighteen years of age, and unemancipated and who wishes to have an abortion without the notification of her parents, guardian, or custodian may file a complaint in the juvenile court of the county in which she has a residence or legal settlement or in the juvenile court of any county that borders to any extent the county in which she has a residence or legal settlement requesting the issuance of an order authorizing her to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian.

The complaint shall be made under oath and shall include all of the following:

(1) A statement that the complainant is pregnant;

(2) A statement that the complainant is unmarried, under eighteen years of age, and unemancipated;

(3) A statement that the complainant wishes to have an abortion without the notification of her parents, guardian, or custodian;

(4) An allegation of either or both of the following:

(a) That the complainant is sufficiently mature and well enough informed to intelligently decide whether to have an abortion without the notification of her parents, guardian, or custodian;

(b) That one or both of her parents, her guardian, or her custodian was engaged in a pattern of physical, sexual, or emotional abuse against her, or that the notification of her parents, guardian, or custodian otherwise is not in her best interest.

(5) A statement as to whether the complainant has retained an attorney and, if she has retained an attorney, the name, address, and telephone number of her attorney.

(B)(1) The court shall fix a time for a hearing on any complaint filed pursuant to division (A) of this section and shall keep a record of all testimony and other oral proceedings in the action. The court shall hear and determine the action and shall not refer any portion of it to a referee. The hearing shall be held at the earliest possible time, but not later than the fifth business day after the day that the complaint is filed. The court shall enter judgment on the complaint immediately after the hearing is concluded. If the hearing required by this division is not held by the fifth business day after the complaint is filed, the failure to hold the hearing shall be considered to be a constructive order of the court authorizing the complainant to consent to the performance or inducement of an abortion without the notification of her parent, guardian, or custodian, and the complainant and any other person may rely on the constructive order to the same extent as if the court actually had issued an order under this section authorizing the complainant to consent to the performance or inducement of an abortion without such notification.

(2) The court shall appoint a guardian ad litem to protect the interests of the complainant at the hearing that is held pursuant to this section. If the complainant has not retained an attorney, the court shall appoint an attorney to represent her. If the guardian ad litem is an attorney admitted to the practice of law in this state, the court also may appoint the guardian ad litem to serve as the complainant's attorney.

(C)(1) If the complainant makes only the allegation set forth in division (A)(4)(a) of this section and if the court finds, by clear and convincing evidence, that the complainant is sufficiently mature and well enough informed to decide intelligently whether to have an abortion, the court shall issue an order authorizing the complainant to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian. If the court does not make the finding specified in this division, it shall dismiss the complaint.

(2) If the complainant makes only the allegation set forth in division (A)(4)(b) of this section and if the court finds, by clear and convincing evidence, that there is evidence of a pattern of physical, sexual, or emotional abuse of the complainant by one or both of her parents, her guardian, or her custodian, or that the notification of the parents, guardian, or custodian of the complainant otherwise is not in the best interest of the complainant, the court shall issue an order authorizing the complainant to consent to the performance or inducement of an abortion without the notification of her parents, guardian, or custodian. If the court does not make the finding specified in this division, it shall dismiss the complaint.

(3) If the complainant makes both of the allegations set forth in divisions (A)(4)(a) and (b) of this section, the court shall proceed as follows:

(a) The court first shall determine whether it can make the finding specified in division (C)(1) of this section and, if so, shall issue an order pursuant to that division. If the court issues such an order, it shall not proceed pursuant to division (C)(3)(b) of this section. If the court does not make the finding specified in division (C)(1) of this section, it shall proceed pursuant to division (C)(3)(b) of this section.

(b) If the court pursuant to division (C)(3)(a) of this section does not make the finding specified in division (C)(1) of this section, it shall proceed to determine whether it can make the finding specified in division (C)(2) of this section and, if so, shall issue an order pursuant to that division. If the court does not make the finding specified in division (C)(2) of this section, it shall dismiss the complaint.

(D) The court shall not notify the parents, guardian, or custodian of the complainant that she is pregnant or that she wants to have an abortion.

(E) If the court dismisses the complaint, it immediately shall notify the complainant that she has a right to appeal under section 2505.073 of the Revised Code.

(F) Each hearing under this section shall be conducted in a manner that will preserve the anonymity of the complainant. The complaint and all other papers and records that pertain to an action commenced under this section shall be kept confidential and are not public records under section 149.43 of the Revised Code.

(G) The supreme court shall prescribe complaint and notice of appeal forms that shall be used by a complainant filing a complaint under this section and by an appellant filing an appeal under section 2505.073 of the Revised Code. The clerk of each juvenile court shall furnish blank copies of the forms, without charge, to any person who requests them.

(H) No filing fee shall be required of, and no court costs shall be assessed against, a complainant filing a complaint under this section or an appellant filing an appeal under section 2505.073 of the Revised Code.

(I) As used in this section, "unemancipated" means that a woman who is unmarried and under eighteen years of age has not entered the armed services of the United States, has not become employed and self-subsisting, or has not otherwise become independent from the care and control of her parent, guardian, or custodian.
Notes of Decisions
Cited in 62 cases (5 in the last 5 years), 1986–2024 · leading case: In re Jane Doe 1, 566 N.E.2d 1181 (Ohio 1991).
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In re Jane Doe 1, 566 N.E.2d 1181 (Ohio 1991). · cites it 27× “The determinative issue before us is whether the court of appeals was correct in affirming the dismissal of appellant’s complaint seeking authorization to obtain an abortion without parental notification pursuant to R.C. 2151.85. Stated differently, we must determine whether the…”
Ohio v. Akron Ctr. for Reproductive Health, 497 U.S. 502 (1990). · cites it 10× “12 (1987), and created Ohio Rev. Code Ann. §§ 2151.85 and 2505.073 (Supp.”
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). · cites it 25× “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
In Re Jane Doe 01-01, 749 N.E.2d 807 (Ohio Ct. App. 2001). · cites it 15× “On January 3, 2001, appellant Jane Doe 01-01 filed a complaint under R.C. 2151.85 and Sup.R. 23 requesting that the Juvenile Division of the Court of Common Pleas of Cuyahoga County issue an order authorizing her to consent to an abortion without the notification of her parent,…”
Lambert v. Wicklund, 520 U.S. 292 (1997). · cites it 7× “, at 508 (summarizing Ohio Rev. Code Ann. § 2151.85 (1995)). The judicial bypass provision in Akron allowed *296 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…”
In re Disqualification of Grossmann, 657 N.E.2d 1356 (Ohio 1994). · cites it 10× “Gerhardstein, counsel for a minor who petitioned the court of common pleas pursuant to R.C. 2151.85. The case originally was assigned to Judge David E.”
State ex rel. Toledo Blade Co. v. Univ. of Toledo Found., 602 N.E.2d 1159 (Ohio 1992). · cites it 4× “43(A)(1) defines “public record” as “ * * * any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, except medical records, records pertaining to adoption, probation, and parole proceedings,…”
In Re Doe, 19 S.W.3d 249 (Tex. 2000). · cites it 2× “7(d) (West 1999); Ohio Rev. Code Ann. §§ 2151.85 (A)(4) & (C)(1) (Banks-Baldwin 1999); S.”
State ex rel. Nat'l Broad. Co. v. City of Cleveland, 526 N.E.2d 786 (Ohio 1988). · cites it 2× “other occasions, now provides in relevant part: *82 “(A) As used in this section: “(1) ‘Public record’ means any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, except medical records,…”
In Re Complaint of Jane Doe, 613 N.E.2d 1112 (Ohio Ct. App. 1993). · cites it 9× “2d 1181 , wherein the court stated as follows: *102 “While appellant’s proposal appears comprehensive in spelling out the various factors that juvenile court judges would- in all likelihood consider when evaluating a complaint brought under R.C. 2151.85, we decline to expand the…”
Franklin Cnty. Sheriff's Dep't v. State Emp. Relations Bd., 589 N.E.2d 24 (Ohio 1992). · cites it 2× “43 states in pertinent part: “(A) As used in this section: “(1) ‘Public record’ means any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, except medical records, records pertaining to…”
In re S.S., 2023 Ohio 245 (Ohio Ct. App. 2023). · cites it 4× “nal actions; (3) Upon the trial of actions for divorce, annulment, legal separation, and related proceedings; (4) In proceedings to determine parent-child relationships, provided, however that appointment of counsel shall be in accordance with Rule 4(A) of the Rules of Juvenile…”
Show all 62 citing cases →
— Ohio Rev. Code § 2151.85(A) — 2 cases
State ex rel. Cincinnati Post v. Court of Appeals, 604 N.E.2d 153 (Ohio 1992).
In Re Complaint of Jane Doe, 613 N.E.2d 1112 (Ohio Ct. App. 1993). “2d 1181 , wherein the court stated as follows: *102 “While appellant’s proposal appears comprehensive in spelling out the various factors that juvenile court judges would- in all likelihood consider when evaluating a complaint brought under R.C. 2151.85, we decline to expand the…”
— Ohio Rev. Code § 2151.85(A)(1) — 1 case
In Re Complaint of Jane Doe, 613 N.E.2d 1112 (Ohio Ct. App. 1993). “2d 1181 , wherein the court stated as follows: *102 “While appellant’s proposal appears comprehensive in spelling out the various factors that juvenile court judges would- in all likelihood consider when evaluating a complaint brought under R.C. 2151.85, we decline to expand the…”
— Ohio Rev. Code § 2151.85(A)(4) — 7 cases
In Re Doe, 19 S.W.3d 249 (Tex. 2000). “7(d) (West 1999); Ohio Rev. Code Ann. §§ 2151.85 (A)(4) & (C)(1) (Banks-Baldwin 1999); S.”
In Re Jane Doe 01-01, 749 N.E.2d 807 (Ohio Ct. App. 2001). “On January 3, 2001, appellant Jane Doe 01-01 filed a complaint under R.C. 2151.85 and Sup.R. 23 requesting that the Juvenile Division of the Court of Common Pleas of Cuyahoga County issue an order authorizing her to consent to an abortion without the notification of her parent,…”
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
In Re Complaint of Doe, 615 N.E.2d 1142 (Ohio Ct. App. 1992).
In Re Complaint of Jane Doe, 613 N.E.2d 1112 (Ohio Ct. App. 1993). “2d 1181 , wherein the court stated as follows: *102 “While appellant’s proposal appears comprehensive in spelling out the various factors that juvenile court judges would- in all likelihood consider when evaluating a complaint brought under R.C. 2151.85, we decline to expand the…”
— Ohio Rev. Code § 2151.85(A)(4)(a) — 6 cases
In re Jane Doe 1, 566 N.E.2d 1181 (Ohio 1991). “The determinative issue before us is whether the court of appeals was correct in affirming the dismissal of appellant’s complaint seeking authorization to obtain an abortion without parental notification pursuant to R.C. 2151.85. Stated differently, we must determine whether the…”
In Re Complaint of Jane Doe, 613 N.E.2d 1112 (Ohio Ct. App. 1993). “2d 1181 , wherein the court stated as follows: *102 “While appellant’s proposal appears comprehensive in spelling out the various factors that juvenile court judges would- in all likelihood consider when evaluating a complaint brought under R.C. 2151.85, we decline to expand the…”
In Re Complaint of Jane Doe, 731 N.E.2d 751 (Ohio Ct. App. 1999).
Ex Parte Anonymous, 810 So. 2d 786 (Ala. 2001).
In re Doe, 2011 Ohio 6373 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2151.85(A)(4)(b) — 2 cases
In Re Jane Doe 01-01, 749 N.E.2d 807 (Ohio Ct. App. 2001). “On January 3, 2001, appellant Jane Doe 01-01 filed a complaint under R.C. 2151.85 and Sup.R. 23 requesting that the Juvenile Division of the Court of Common Pleas of Cuyahoga County issue an order authorizing her to consent to an abortion without the notification of her parent,…”
In Re Complaint of Jane Doe, 645 N.E.2d 134 (Ohio Ct. App. 1994).
— Ohio Rev. Code § 2151.85(B) — 1 case
In Re Jane Doe 01-01, 749 N.E.2d 807 (Ohio Ct. App. 2001). “On January 3, 2001, appellant Jane Doe 01-01 filed a complaint under R.C. 2151.85 and Sup.R. 23 requesting that the Juvenile Division of the Court of Common Pleas of Cuyahoga County issue an order authorizing her to consent to an abortion without the notification of her parent,…”
— Ohio Rev. Code § 2151.85(B)(1) — 7 cases
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
Eugene Glick, M.D., & Planned Parenthood of Washoe Cnty. v. Brian McKay Attorney Gen. of the State of Nevada, 937 F.2d 434 (9th Cir. 1991).
In Re Jane Doe 01-01, 749 N.E.2d 807 (Ohio Ct. App. 2001). “On January 3, 2001, appellant Jane Doe 01-01 filed a complaint under R.C. 2151.85 and Sup.R. 23 requesting that the Juvenile Division of the Court of Common Pleas of Cuyahoga County issue an order authorizing her to consent to an abortion without the notification of her parent,…”
Planned Parenthood of the Blue Ridge v. Camblos, 155 F.3d 352 (4th Cir. 1998).
Planned Parenthood of Blue Ridge v. Camblos, 116 F.3d 707 (4th Cir. 1997).
— Ohio Rev. Code § 2151.85(B)(2) — 2 cases
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
In Re Jane Doe 01-01, 749 N.E.2d 807 (Ohio Ct. App. 2001). “On January 3, 2001, appellant Jane Doe 01-01 filed a complaint under R.C. 2151.85 and Sup.R. 23 requesting that the Juvenile Division of the Court of Common Pleas of Cuyahoga County issue an order authorizing her to consent to an abortion without the notification of her parent,…”
— Ohio Rev. Code § 2151.85(C) — 7 cases
In re Jane Doe 1, 566 N.E.2d 1181 (Ohio 1991). “The determinative issue before us is whether the court of appeals was correct in affirming the dismissal of appellant’s complaint seeking authorization to obtain an abortion without parental notification pursuant to R.C. 2151.85. Stated differently, we must determine whether the…”
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
In Re Complaint of Doe, 615 N.E.2d 1142 (Ohio Ct. App. 1992).
In Re Complaint of Jane Doe, 613 N.E.2d 1112 (Ohio Ct. App. 1993). “2d 1181 , wherein the court stated as follows: *102 “While appellant’s proposal appears comprehensive in spelling out the various factors that juvenile court judges would- in all likelihood consider when evaluating a complaint brought under R.C. 2151.85, we decline to expand the…”
In Re Complaint of Jane Doe, 731 N.E.2d 751 (Ohio Ct. App. 1999).
— Ohio Rev. Code § 2151.85(C)(1) — 7 cases
In re Jane Doe 1, 566 N.E.2d 1181 (Ohio 1991). “The determinative issue before us is whether the court of appeals was correct in affirming the dismissal of appellant’s complaint seeking authorization to obtain an abortion without parental notification pursuant to R.C. 2151.85. Stated differently, we must determine whether the…”
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
Planned Parenthood of the Blue Ridge v. Camblos, 155 F.3d 352 (4th Cir. 1998).
Planned Parenthood of Blue Ridge v. Camblos, 116 F.3d 707 (4th Cir. 1997).
In Re Complaint of Jane Doe, 645 N.E.2d 134 (Ohio Ct. App. 1994).
— Ohio Rev. Code § 2151.85(C)(2) — 5 cases
Cincinnati Women's Servs., Inc. v. Taft, 466 F. Supp. 2d 934 (S.D. Ohio 2005).
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
Planned Parenthood of the Blue Ridge v. Camblos, 155 F.3d 352 (4th Cir. 1998).
Planned Parenthood of Blue Ridge v. Camblos, 116 F.3d 707 (4th Cir. 1997).
Planned Parenthood v. Camblos (4th Cir. 1997).
— Ohio Rev. Code § 2151.85(C)(3) — 2 cases
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
In Re Complaint of Jane Doe, 731 N.E.2d 751 (Ohio Ct. App. 1999).
— Ohio Rev. Code § 2151.85(C)(3)(b) — 1 case
In re Jane Doe 1, 566 N.E.2d 1181 (Ohio 1991). “The determinative issue before us is whether the court of appeals was correct in affirming the dismissal of appellant’s complaint seeking authorization to obtain an abortion without parental notification pursuant to R.C. 2151.85. Stated differently, we must determine whether the…”
— Ohio Rev. Code § 2151.85(D) — 3 cases
Planned Parenthood of the Blue Ridge v. Camblos, 155 F.3d 352 (4th Cir. 1998).
Planned Parenthood of Blue Ridge v. Camblos, 116 F.3d 707 (4th Cir. 1997).
Planned Parenthood v. Camblos (4th Cir. 1997).
— Ohio Rev. Code § 2151.85(F) — 2 cases
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
Planned Parenthood of S. Arizona v. Lawall, 307 F.3d 783 (9th Cir. 2002).
— Ohio Rev. Code § 2151.85(G) — 1 case
Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). “Ohio Rev.Code Ann. § 2151.85 (Page Supp.1985) (“§ 2151.”
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