34-23A-7 Forty-eight hour notice to parent or guardian for minor or incompetent female--Delivery of...
Forty-eight hour notice to parent or guardian for minor or incompetent female--Delivery of notice--Exceptions.
No abortion may be performed upon an unemancipated minor or
upon a female for whom a guardian has been appointed because of a finding of incompetency, until
at least forty-eight hours after written notice of the pending operation has been delivered in the
manner specified in this section. The notice shall be addressed to the parent at the usual place of
abode of the parent and delivered personally to the parent by the physician or an agent. In lieu of
such delivery, notice may be made by certified mail addressed to the parent at the usual place of
abode of the parent with return receipt requested and restricted delivery to the addressee, which
means a postal employee can only deliver the mail to the authorized addressee. If notice is made by
certified mail, the time of delivery shall be deemed to occur at twelve noon on the next day on which
regular mail delivery takes place, subsequent to mailing.
No notice is required under this section if:
The attending physician certifies in the pregnant unemancipated minor's medical record
that, on the basis of the physician's good faith clinical judgment, a medical emergency
exists and there is insufficient time to provide the required notice. Unless the
unemancipated minor gives notice of her intent to seek a judicial waiver, a good faith
effort shall be made by the attending physician or the physician's agent to verbally inform
the parent within twenty-four hours after the performance of the emergency abortion, that
an emergency abortion was performed on the unemancipated minor and shall also be sent
a written notice, in the manner described in this section, of the performed emergency
abortion. If the unemancipated minor, upon whom an emergency abortion was performed,
elects not to allow the notification of her parent, any judge of a circuit court shall, upon
petition, or motion, and after an appropriate hearing, authorize the waiving of the required
notice of the performed abortion if the judge determines, by clear and convincing
evidence that the unemancipated minor is mature and capable of determining whether
notification should be given, or that the waiver would be in the unemancipated minor's
best interest; or
The person who is entitled to notice certifies in writing that the person has been notified.
The certification is valid only if the signature has been notarized. If the person does not
provide a notarized signature, the person shall be sent a written notice as described in this
section. No abortion as described in this section may be performed until at least forty-eight hours after written notice of the pending operation has been delivered in the manner
specified in this section; or
A pregnant female elects not to allow the notification of her parent, in which case, any
judge of a circuit court shall, upon petition, or motion, and after an appropriate hearing,
authorize a physician to perform the abortion if the judge determines, by clear and
convincing evidence, that the pregnant female is mature and capable of giving informed
consent to the proposed abortion. If the judge determines that the pregnant female is not
mature, or if she does not claim to be mature, the judge shall determine, by clear and
convincing evidence, whether the performance of an abortion upon her without
notification of her parent would be in her best interests and shall authorize a physician to
perform the abortion without such notification if the judge concludes that her best
interests would be served thereby.
SL 1973, ch 146, § 6; SL 1993, ch 249, § 2; SL 1997, ch 204, § 2; SL 2005, ch 189, § 1.