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Statutes Text

Article - Health - General


    (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.

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