(a) Except as provided in subsections (b) and (c) of this section, a physician may not perform an abortion on an unmarried minor unless the physician first gives notice to a parent or guardian of the minor.
(b) The physician may perform the abortion without notice to a parent or guardian if:
(1) The minor does not live with a parent or guardian; and
(2) A reasonable effort to give notice to a parent or guardian is unsuccessful.
(c)(1) The physician may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the physician:
(i) Notice to the parent or guardian may lead to physical or emotional abuse of the minor;
(ii) The minor is mature and capable of giving informed consent to an abortion; or
(iii) Notification would not be in the best interest of the minor.
(2) The physician is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.
(d) The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be.
(e) A physician may not provide notice to a parent or guardian if the minor decides not to have the abortion.
FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.