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(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.
Cite this article: FindLaw.com - Maryland Code, Health-General § 20-103 - last updated December 31, 2021 | https://codes.findlaw.com/md/health-general/md-code-health-gen-sect-20-103.html
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