Section 26-21-3

Written consent of parent or guardian to performing abortion on unemancipated minor; written notice to minor's mother where pregnancy caused by natural father; written statement where abortion to be performed on emancipated minor; waiver of consent requirement.

(a) Except as otherwise provided in subsections (b) and (e) of this section and Sections 26-21-4 and 26-21-5 hereof, no person shall perform an abortion upon an unemancipated minor unless he or his agent first obtains the written consent of either parent or the legal guardian of the minor.

(b) If the minor's pregnancy was caused by sexual intercourse with the minor's natural father, adoptive father or stepfather or legal guardian, then written notice to the minor's mother by certified mail shall be sufficient.

(c) The person who shall perform the abortion or his agent shall obtain or be provided with the written consent from either parent or legal guardian stating the names of the minor, parent or legal guardian, that he or she is informed that the minor desires an abortion and does consent to the abortion, the date, and shall be signed by either parent or legal guardian. The unemancipated minor shall verify on the same form, by her signature and in the presence of such person who shall perform the abortion or his agent, that said signature of the parents, parent or legal guardian is authentic. The consent shall be kept as a part of the minor's patient file for four years.

(d) If the minor is emancipated, the person who shall perform the abortion or his agent shall obtain a written statement stating the name of the emancipated minor, that the minor is emancipated, the type of emancipation, the date and shall be signed by the minor. The written statement shall be signed in the presence of the person who shall perform the abortion or his agent and witnessed by him or the agent. The emancipated minor shall also provide a license or certificate of marriage, judgment or decree of divorce, order of emancipation or relieving her of the disabilities of nonage, or other court document evidencing her marriage, divorce, or emancipation. A copy of any such document shall be attached to the written statement and kept as a part of the minor's patient file for four years.

(e) A minor who elects not to seek or does not or cannot for any reason, including unavailability or refusal by either or both parents or legal guardian, obtain consent from either of her parents or legal guardian under this section, may petition, on her own behalf, the juvenile court, or court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this section pursuant to the procedure of Section 26-21-4.

(Acts 1987, No. 87-286, p. 397, §3.)