TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 8 PARENTAL NOTIFICATION ACT

15-11-682. Parental notification of abortion; hearing; venue.

No physician or other person shall perform an abortion upon an unemancipated minor unless:
1. 1. The unemancipated minor seeking an abortion is accompanied by his or her parent or guardian who shall show proper identification and state that he or she is the lawful parent or guardian of the unemancipated minor and that he or she has been notified that an abortion is to be performed on the unemancipated minor;
  2. The physician or the physician's qualified agent gives at least 24 hours' actual notice, in person or by telephone, to the parent or guardian of the unemancipated minor of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; or
  3. The physician or a physician's qualified agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by registered or certified mail or statutory overnight delivery, return receipt requested with delivery confirmation, addressed to a parent or guardian of the unemancipated minor at the usual place of abode of the parent or guardian. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the unemancipated minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified certifies in writing that he or she has been previously informed that the unemancipated minor was seeking an abortion or if the person so notified has not been previously informed and he or she certifies in writing that he or she does not wish to consult with the unemancipated minor, then in either event the abortion may proceed in accordance with Chapter 9A of Title 31; and
2. The unemancipated minor signs a consent form stating that she consents, freely and without coercion, to the abortion.
If the unemancipated minor or the physician or a physician's qualified agent, as the case may be, elects not to comply with any one of the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent or legal guardian of the unemancipated minor cannot be located, the unemancipated minor may petition, on his or her own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-684. The juvenile court shall assist the unemancipated minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county.
No abortion shall be performed unless the requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section have been met or the unemancipated minor has obtained a court order waiving such requirements.

(Code 1981, §15-11-682, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For note, "What Do We Have Against Parents?: An Assessment of Judicial Bypass Procedures and Parental Involvement in Abortions by Minors," see 43 Ga. L. Rev. 617 (2009).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-112, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Constitutionality.

- Former Georgia Parental Notification Act's requirements, former O.C.G.A. § 15-11-110 et seq. (see now O.C.G.A. § 15-11-680 et seq.), taken together, did not unduly burden a minor's abortion decision. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-112).

Constructive delivery provision of subparagraph (a)(1)(C) of former O.C.G.A. § 15-11-112 (see now O.C.G.A. § 15-11-682) ensured that, with no parental action, and no actual notice to her parent, a minor can proceed with her abortion. The provision did not unduly burden a minor's abortion right, and it therefore survived constitutional scrutiny. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-112).

Notice.

- By limiting written notice to notice by the United States Postal Service - and excluding notice by private carriers such as Federal Express and Airborne Express - Georgia has enacted reasonable regulations that foster Georgia's important state interest in protecting immature minors. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-112).

Legislature may permit notice by telephone or in person, or by some other means that guarantees sufficient reliability; it may refuse to recognize notice if a physician simply sends a note home with a minor or uses an uncertified mail service since, with either of these methods, there is a substantial likelihood that the notice will not reach its destination. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-112).

Authority of judicial officers.

- An intake officer's authority to make a preliminary determination under Juvenile Court Rule 4.1 regarding a minor's petition does not impose an impermissible third-party veto over a minor's abortion decision. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-112).

Because a guardian ad litem who is familiar with the conduct of the waiver hearing and appeal offers invaluable assistance to a pregnant minor, Juvenile Court Rule 23.2, which provides for the appointment of a guardian, will promote rather than burden the minor's abortion decision. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-112).

Waiver of notification denied.

- Juvenile court correctly found that an unemanicipated minor would have to notify her parents before having an abortion because she did not consult with her doctor before making this decision and there was no evidence that it would not be in her best interest to inform her parents. In re E.H., 240 Ga. App. 91, 524 S.E.2d 2 (1999) (decided under former O.C.G.A. § 15-11-112).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of statutes requiring parental notification of or consent to minor's abortion, 77 A.L.R.5th 1.

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