Title 15, Chapter 11, Section 112
( 15-11-112)
(a) No physician or other person shall perform an abortion upon an
unemancipated minor under the age of 18 years unless: (1)(A) The minor seeking an abortion shall furnish a statement,
signed by a parent, guardian, or person standing in loco
parentis and such minor, stating that such parent, guardian, or
person standing in loco parentis is the lawful parent or
guardian of such minor, or is the person standing in loco
parentis of such minor, and that such parent, guardian, or
person standing in loco parentis has been notified that an
abortion is to be performed on such minor; or (B) The physician or an agent gives at least 24 hours' actual
notice, in person or by telephone, to a parent, guardian, or
person standing in loco parentis of the minor, of the pending
abortion and the name and address of the place where the
abortion is to be performed; provided, however, that, if the
person so notified indicates that he or she has been previously
informed that the minor was seeking an abortion or if the person
so notified has not been previously informed and he or she
clearly expresses that he or she does not wish to consult with
the minor, then in either event the abortion may proceed
immediately; or (C) The physician or an agent gives written notice of the
pending abortion and the address of the place where the abortion
is to be performed, sent by regular mail, addressed to a parent,
guardian, or person standing in loco parentis of the minor at
the usual place of abode of the parent, guardian, or person
standing in loco parentis. Unless proof of delivery is
otherwise sooner established, such notice shall be deemed
delivered 48 hours after mailing. The time of mailing shall be
recorded by the physician or agent in the minor's file. The
abortion may be performed 24 hours after the delivery of the
notice; provided, however, that, if the person so notified
indicates that he or she has been previously informed that the
minor was seeking an abortion or if the person so notified has
not been previously informed and he or she clearly expresses
that he or she does not wish to consult with the minor, then in
either event the abortion may proceed immediately; and (2) The minor signs a consent form stating that she consents,
freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, notwithstanding Code Section 15-11-29. |