|
|
Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
Parental consent - 18 Pa. Cons. Stat. § 3206Legal Research Home > Pennsylvania Statutes
§ 3206. Parental consent.
(a) General rule.--Except in the case of a medical
emergency, or except as provided in this section, if a pregnant
woman is less than 18 years of age and not emancipated, or if
she has been adjudged an incapacitated person under 20 Pa.C.S. §
5511 (relating to petition and hearing; independent evaluation),
a physician shall not perform an abortion upon her unless, in
the case of a woman who is less than 18 years of age, he first
obtains the informed consent both of the pregnant woman and of
one of her parents; or, in the case of a woman who is an
incapacitated person, he first obtains the informed consent of
her guardian. In deciding whether to grant such consent, a
pregnant woman's parent or guardian shall consider only their
child's or ward's best interests. In the case of a pregnancy
that is the result of incest where the father is a party to the
incestuous act, the pregnant woman need only obtain the consent
of her mother.
(b) Unavailability of parent or guardian.--If both parents
have died or are otherwise unavailable to the physician within a
reasonable time and in a reasonable manner, consent of the
pregnant woman's guardian or guardians shall be sufficient. If
the pregnant woman's parents are divorced, consent of the parent
having custody shall be sufficient. If neither any parent nor a
legal guardian is available to the physician within a reasonable
time and in a reasonable manner, consent of any adult person
standing in loco parentis shall be sufficient.
(c) Petition to court for consent.--If both of the parents
or guardians of the pregnant woman refuse to consent to the
performance of an abortion or if she elects not to seek the
consent of either of her parents or of her guardian, the court
of common pleas of the judicial district in which the applicant
resides or in which the abortion is sought shall, upon petition
or motion, after an appropriate hearing, authorize a physician
to perform the abortion if the court determines that the
pregnant woman is mature and capable of giving informed consent
to the proposed abortion, and has, in fact, given such consent.
(d) Court order.--If the court determines that the pregnant
woman is not mature and capable of giving informed consent or if
the pregnant woman does not claim to be mature and capable of
giving informed consent, the court shall determine whether the
performance of an abortion upon her would be in her best
interests. If the court determines that the performance of an
abortion would be in the best interests of the woman, it shall
authorize a physician to perform the abortion.
(e) Representation in proceedings.--The pregnant woman may
participate in proceedings in the court on her own behalf and
the court may appoint a guardian ad litem to assist her. The
court shall, however, advise her that she has a right to court
appointed counsel, and shall provide her with such counsel
unless she wishes to appear with private counsel or has
knowingly and intelligently waived representation by counsel.
(f) Proceedings.--
(1) Court proceedings under this section shall be
confidential and shall be given such precedence over other
pending matters as will ensure that the court may reach a
decision promptly and without delay in order to serve the
best interests of the pregnant woman. In no case shall the
court of common pleas fail to rule within three business days
of the date of application. A court of common pleas which
conducts proceedings under this section shall make in writing
specific factual findings and legal conclusions supporting
its decision and shall, upon the initial filing of the
minor's petition for judicial authorization of an abortion,
order a sealed record of the petition, pleadings,
submissions, transcripts, exhibits, orders, evidence and any
other written material to be maintained which shall include
its own findings and conclusions.
(2) The application to the court of common pleas shall
be accompanied by a non-notarized verification stating that
the information therein is true and correct to the best of
the applicant's knowledge, and the application shall set
forth the following facts:
(i) The initials of the pregnant woman.
(ii) The age of the pregnant woman.
(iii) The names and addresses of each parent,
guardian or, if the minor's parents are deceased and no
guardian has been appointed, any other person standing in
loco parentis to the minor.
(iv) That the pregnant woman has been fully informed
of the risks and consequences of the abortion.
(v) Whether the pregnant woman is of sound mind and
has sufficient intellectual capacity to consent to the
abortion.
(vi) A prayer for relief asking the court to either
grant the pregnant woman full capacity for the purpose of
personal consent to the abortion, or to give judicial
consent to the abortion under subsection (d) based upon a
finding that the abortion is in the best interest of the
pregnant woman.
(vii) That the pregnant woman is aware that any
false statements made in the application are punishable
by law.
(viii) The signature of the pregnant woman. Where
necessary to serve the interest of justice, the orphans'
court division, or, in Philadelphia, the family court
division, shall refer the pregnant woman to the
appropriate personnel for assistance in preparing the
application.
(3) The name of the pregnant woman shall not be entered
on any docket which is subject to public inspection. All
persons shall be excluded from hearings under this section
except the applicant and such other persons whose presence is
specifically requested by the applicant or her guardian.
(4) At the hearing, the court shall hear evidence
relating to the emotional development, maturity, intellect
and understanding of the pregnant woman, the fact and
duration of her pregnancy, the nature, possible consequences
and alternatives to the abortion and any other evidence that
the court may find useful in determining whether the pregnant
woman should be granted full capacity for the purpose of
consenting to the abortion or whether the abortion is in the
best interest of the pregnant woman. The court shall also
notify the pregnant woman at the hearing that it must rule on
her application within three business days of the date of its
filing and that, should the court fail to rule in favor of
her application within the allotted time, she has the right
to appeal to the Superior Court.
(g) Coercion prohibited.--Except in a medical emergency, no
parent, guardian or other person standing in loco parentis shall
coerce a minor or incapacitated woman to undergo an abortion.
Any minor or incapacitated woman who is threatened with such
coercion may apply to a court of common pleas for relief. The
court shall provide the minor or incapacitated woman with
counsel, give the matter expedited consideration and grant such
relief as may be necessary to prevent such coercion. Should a
minor be denied the financial support of her parents by reason
of her refusal to undergo abortion, she shall be considered
emancipated for purposes of eligibility for assistance benefits.
(h) Regulation of proceedings.--No filing fees shall be
required of any woman availing herself of the procedures
provided by this section. An expedited confidential appeal shall
be available to any pregnant woman whom the court fails to grant
an order authorizing an abortion within the time specified in
this section. Any court to which an appeal is taken under this
section shall give prompt and confidential attention thereto and
shall rule thereon within five business days of the filing of
the appeal. The Supreme Court of Pennsylvania may issue such
rules as may further assure that the process provided in this
section is conducted in such a manner as will ensure
confidentiality and sufficient precedence over other pending
matters to ensure promptness of disposition.
(i) Penalty.--Any person who performs an abortion upon a
woman who is an unemancipated minor or incapacitated person to
whom this section applies either with knowledge that she is a
minor or incapacitated person to whom this section applies, or
with reckless disregard or negligence as to whether she is a
minor or incapacitated person to whom this section applies, and
who intentionally, knowingly or recklessly fails to conform to
any requirement of this section is guilty of "unprofessional
conduct" and his license for the practice of medicine and
surgery shall be suspended in accordance with procedures
provided under the act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act, the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or their successor acts, for a period of
at least three months. Failure to comply with the requirements
of this section is prima facie evidence of failure to obtain
informed consent and of interference with family relations in
appropriate civil actions. The law of this Commonwealth shall
not be construed to preclude the award of exemplary damages or
damages for emotional distress even if unaccompanied by physical
complications in any appropriate civil action relevant to
violations of this section. Nothing in this section shall be
construed to limit the common law rights of parents.
(Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
P.L.592, No.64, eff. 60 days; Apr. 16, 1992, P.L.108, No.24,
eff. 60 days)
1992 Amendment. Act 24 amended subsecs. (a), (g) and (i).
1989 Amendment. Act 64 amended subsec. (f)(1).
1988 Amendment. Act 31 amended subsecs. (a), (e), (f), (g),
(h) and (i).
Cross References. Section 3206 is referred to in section
3215 of this title.
Section: Previous 3143 3144 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3211 3212 3213 Next
Last modified: November 27, 2007 |
|