GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1995
Second Edition Engrossed 5/8/95
Short Title: Parental Consent/Abortion. (Public)
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Referred to: Judiciary I.
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AN ACT TO REQUIRE PARENTAL OR JUDICIAL CONSENT FOR AN UNEMANCIPATED MINOR'S ABORTION.
The General Assembly of North Carolina enacts:
Section 1. Article 1A of Chapter 90 of the General Statutes is amended by designating all the existing language as "Part 1.", and by adding a new Part to read:
"Part 2. Parental or Judicial Consent for Abortion.
"§ 90-21.6. Definitions.
For the purposes of Part 2 only of this Article, unless the context clearly requires otherwise:
(1) 'Unemancipated minor' means any person under the age of 18 who has not been married or has not been emancipated pursuant to Article 56 of Chapter 7A of the General Statutes.
(2) 'Abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant, for reasons other than to save the life or preserve the health of an unborn child, to remove a dead unborn child, or to deliver an unborn child prematurely, by accepted medical procedures in order to preserve the health of both the mother and the unborn child.
"§ 90-21.7. Parental consent required.
(a) No physician licensed to practice medicine in North Carolina shall perform an abortion upon an unemancipated minor unless the physician or agent thereof or another physician or agent thereof first obtains the written consent of the minor and of:
(1) A parent with custody of the minor;
(2) The legal guardian of the minor; or
(3) A parent with whom the minor is living.
(b) The pregnant minor may petition, on her own behalf or by guardian ad litem, the district court judge assigned to the juvenile proceedings in the district court where the minor resides or where she is physically present for a waiver of the parental consent requirement if:
(1) Neither of the parents nor the legal guardian is available to the physician performing the abortion or the physician's agent or the referring physician or the agent thereof within a reasonable time or manner;
(2) All of the persons from whom consent must be obtained pursuant to this section refuse to consent to the performance of an abortion; or
(3) The minor elects not to seek consent of the person from whom consent is required.
"§ 90-21.8. Procedure for waiver of parental consent.
(a) The requirements and procedures under Part 2 of this Article are available and apply to unemancipated minors seeking treatment in this State.
(b) The court shall ensure that the minor or her guardian ad litem is given assistance in preparing and filing the petition and shall ensure that the minor's identity is kept confidential.
(c) The minor may participate in proceedings in the court on her own behalf or through a guardian ad litem. The court shall advise her that she has a right to court appointed counsel and shall provide her with counsel upon her request.
(d) Court proceedings under this section shall be confidential and shall be given precedence over other pending matters necessary to ensure that the court may reach a decision promptly. In no case shall the court fail to rule within seven days of the time of filing the application. This time limitation may be extended at the request of the minor. At the hearing, the court shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor; the nature, possible consequences, and alternatives to the abortion; and any other evidence that the court may find useful in determining whether the parental consent requirement shall be waived.
(e) The parental consent requirement shall be waived if the court finds either:
(1) That the minor is mature and well-informed enough to make the abortion decision on her own;
(2) That it would be in the minor's best interests that parental consent not be required; or
(3) That the minor is a victim of rape or of felonious incest under G.S. 14-178.
(f) The court shall make written findings of fact and conclusions of law supporting its decision and shall order that a confidential record of the evidence be maintained. If the court finds that the minor has been a victim of incest, whether felonious or misdemeanor, it shall advise the Director of the Department of Social Services of its findings for further action pursuant to Article 44 of Chapter 7A of the General Statutes.
(g) If the female petitioner so requests in her petition, no summons or other notice may be served upon the parents, guardian, or custodian of the minor female.
(h) No court costs shall be required of any minor who avails herself of the procedures provided by this section.
"§ 90-21.9. Medical emergency exception.
The requirements of parental consent prescribed by G.S. 90-21.7(a) shall not apply when, in the best medical judgment of the physician based on the facts of the case before the physician, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion, or when the conditions prescribed by G.S. 90-21.1(4) are met.
"§ 90-21.10. Penalty.
Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of Part 2 of this Article shall be guilty of a Class 1 misdemeanor."
Sec. 2. Appeals. An expedited confidential appeal is available to any unemancipated minor, parent, or legal guardian from the decision of the district court. Because time may be of the essence regarding the performance of the abortion, the Supreme Court of North Carolina is requested to adopt rules to ensure that appeals under Part 2 of Article 1A of Chapter 90 of the General Statutes are handled in an expeditious and confidential manner.
Sec. 3. G.S. 7A-523(a) is amended by adding a subdivision to read:
"(8) Proceedings involving consent for an abortion on an unemancipated minor pursuant to Article 1A, Part 2 of Chapter 90 of the General Statutes."
Sec. 4. G.S. 7A-451(a) is amended by adding a subdivision to read:
"(16) A proceeding involving consent for an abortion on an unemancipated minor pursuant to Article 1A, Part 2 of Chapter 90 of the General Statutes. G.S. 7A-450.1, 7A-450.2, and 7A-450.3 shall not apply to this proceeding."
Sec. 5. This act becomes effective October 1, 1995.