Also known as:judicial authorizations · judicially authorize · judicially authorized · judicially authorizing · judicial approval · court authorization
Written by attorneys · grounded in primary & secondary sources — see below
Court approval granted for an action or procedure when statutory prerequisites such as age or consent are not met or when investigative steps require judicial oversight.
Sources & Authorities· 7 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Restatements
How it applies
Common Examples
4
Minor Seeks Marriage License
Jillian James, age sixteen, applied for a marriage license with her eighteen-year-old partner. Her divorced parents submitted conflicting consent forms that left the clerk unable to verify approval. The clerk declined to issue the license. Jillian then petitioned the court, which reviewed the circumstances and granted judicial authorization so the license could issue.
Guardian Requests Treatment Withdrawal
Julia Jensen lay in a persistent vegetative state with no hope of recovery. Her parents, acting as guardians, asked physicians to discontinue artificial nutrition. The hospital refused without court involvement. The family petitioned for judicial authorization, and the court evaluated the evidence of her wishes before approving removal of the feeding tube.
Cruzan by Cruzan v. Director, Missouri Dept, of Health497 U.S. 261, 277 (1990)
Surrogacy Parentage Dispute
Joy Jiang carried a child under a gestational surrogacy agreement with Jonathan Jaffe and his wife. After birth, a dispute arose over legal parentage. The intended parents sought a court order establishing their rights. The court reviewed the agreement and medical facts, then issued judicial authorization confirming parentage in the intended parents.
Johnson v. Calvert851 P.2d 776, cert. denied, 510 U.S. 874, and cert. dismissed sub nom. Baby Boy J. v. Johnson, 510 U.S. 938 (1993)
Same-Sex Marriage License Petition
James Johnson and his partner applied for a marriage license in a state that had not yet recognized same-sex unions. The clerk refused on statutory grounds. The couple filed suit seeking judicial authorization to obtain the license. The court examined the constitutional claims and ultimately directed issuance of the license.
Obergefell v. Hodges576 U.S. 644 (2015)
Common questions
Frequently Asked
2
When does a minor need judicial authorization to marry under the Uniform Marriage and Divorce Act?+
A sixteen-year-old applicant must show either consent of both parents or a guardian or obtain judicial approval when parental consent is unavailable or disputed. The clerk may not issue the license without one of these showings. Judicial authorization supplies the missing statutory element so the license can issue.
Supporting sources
Is judicial authorization required before police may transport a suspect for fingerprinting?+
Yes. Officers may not remove a person to the station for fingerprinting without probable cause or judicial authorization because the transport itself constitutes a seizure that must be justified.
Supporting sources
497 U.S. 261, 277 (1990)Constitutional Law
…Quinlan suffered severe brain damage as the result of anoxia and entered a persistent vegetative state. Karen's father sought judicial approval to disconnect his daughter's respirator. The New Jersey Supreme Court granted the relief, holding that Karen had a right of privacy grounded in the Federal Constitution to terminate…