A 17-year-old girl won the right to get an abortion without notifying her parents Friday when a Hamilton County appeals court overruled a judge who had insisted she tell her parents.

        The girl argued that she qualifies for an exception to Ohio's parental notification law because she is nearly 18 and mature enough to make the decision on her own.

        Requests for a waiver of parental notification are unusual in Hamilton County, in part because juvenile court judges here rarely grant the requests. Juvenile Court judges have received only three requests since 1998 and have denied them all.

        The ruling Friday by the Ohio 1st District Court of Appeals is significant because it is believed to be the first published decision of its kind in Hamilton County. Most cases are not made public because girls have the right to keep their cases confidential if they fear they could be identified.

        The appeals court decision suggests that the juvenile court judge, Thomas Lipps, held the girl to an unreasonable standard when he refused to waive parental notification.

        “We cannot conceive of a case stronger than the present one,” wrote Judge Mark Painter of the 3-0 decision. “The law must be followed, whether or not it fits our personal preferences.”

        Also giving approval were Judges Rupert Doan and Lee Hildebrandt.

        Judge Lipps would not comment on the case. But the appeals court ruled that he ignored overwhelming evidence that the girl was qualified for a waiver.

        Under Ohio law, waivers can be granted for three reasons: it is in the girl's best interest, she is the victim of abuse or she is mature enough to make the decision on her own. If the girl can prove any one of those arguments, the judge may waive parental consent. If the judge refuses, the girl can appeal the decision.

        In the case decided Friday, the girl argued that her 18th birthday was only a few months away and that she intended to get an abortion then anyway. A delay, the appeals court ruled, would only endanger the girl's health because abortions are riskier in the later stages of pregnancy.

        The girl's attorney, Jennifer Branch, also argued that the girl was an A student, a member of the National Honor Society and a college-bound high school senior.

        “I think it was a pretty clear-cut case,” Ms. Branch said. “The appeals court followed the law.”

        The parental notification law, which has been on the books since 1990, has stirred debate for years about the rights of parents to be notified when their daughters seek abortions. In the case decided Friday, the appeals judges left little doubt that they believed the girl was capable of making the decision herself.

        “We hold that the judgment of the Hamilton County juvenile court is unreasonable and thus an abuse of discretion,” the judges wrote. “To refuse to grant permission in this case would be to render (the law) meaningless.”

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