§ 20-103. Abortion

   (a) Notice required. -- 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) Incomplete notice. -- 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) Waiver of notice authorized. --

   (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) Evidence of notice. -- 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) Notice prohibited. -- A physician may not provide notice to a parent or guardian if the minor decides not to have the abortion.

HISTORY: An. Code 1957, art. 43, § 135; 1982, ch. 21, § 2; 1983, ch. 563; 1991, ch. 1.