§ 23-4.7-6 - Minors – Parental consent – Judicial proceedings.
SECTION 23-4.7-6
§ 23-4.7-6 Minors – Parental consent– Judicial proceedings. – Except in the case of a minor who has been found by a court of competentjurisdiction to be emancipated, if a pregnant woman is less than eighteen (18)years of age and has not married, an abortion shall not be performed upon herunless both the consent of the pregnant woman and that of at least one of herparents is obtained, except as provided in this section. In deciding whether togrant consent, a pregnant woman's parents shall consider only their child'sbest interests. If both parents have died or are otherwise unavailable to thephysician within a reasonable time and in a reasonable manner, consent of thepregnant woman's legal guardian or one of her guardians shall be sufficient. Ifa pregnant woman less than eighteen (18) years of age has not married and ifneither of her parents or guardians agree to consent to the performance of anabortion, or if she elects not to seek the consent of either of her parents orguardians, a judge of the family court shall, upon petition, or motion, andafter an appropriate hearing, authorize a physician to perform the abortion, ifthe judge determines that the pregnant woman is mature and capable of givinginformed consent to the proposed abortion or if the judge determines that sheis not mature, but that the performance of an abortion upon her would be in herbest interests. A pregnant woman less than eighteen (18) years of age mayparticipate in proceedings in the family court on her own behalf, and she shallbe represented in her proceeding by a guardian ad litem. Proceedings in thefamily court under this section shall be confidential and shall be given suchprecedence over other pending matters that the court may reach a decisionpromptly and without delay so as to serve the best interests of the pregnantwoman. A judge of the family court who conducts proceedings under this sectionshall make in writing specific factual findings and legal conclusionssupporting his or her decision and shall order a record of the evidence to bemaintained including his or her own findings and conclusions.