Section 12N. If a pregnancy has existed for 24 weeks or more, no abortion may be performed except by a physician, and only if in the best medical judgement of the physician it is: (i) necessary to preserve the life of the patient; (ii) necessary to preserve the patient's physical or mental health; (iii) warranted because of a lethal fetal anomaly or diagnosis; or (iv) warranted because of a grave fetal diagnosis that indicates that the fetus is incompatible with sustained life outside of the uterus without extraordinary medical interventions.
Notes of Decisions
Cited in 4
cases, 1975–1984 · leading case: Commonwealth v. Cass, 467 N.E.2d 1324 (Mass. 1984).
Commonwealth v. Cass, 467 N.E.2d 1324 (Mass. 1984). · cites it 2ד"Conduct which violates the provisions of this act, which also violates any other criminal laws of the commonwealth, may be punished either under [this act] or under such other applicable criminal laws.”
Baird v. Attorney Gen., 360 N.E.2d 288 (Mass. 1977). “We recognize, as G. L. c. 112, § 12N, states, that the consent provisions of § 12P have no application “in an emergency requiring immediate action,” and presumably where no parent (or statutory substitute) is available.”
Baird v. Bellotti, 393 F. Supp. 847 (D. Mass. 1975). · cites it 2ד" If the written informed consent of the proper person or persons has not been delivered to the physician performing the abortion as set forth in § 12P, and if an emergency requiring immediate action does not exist, no abortion may be performed.”
Zbaraz v. Hartigan, 584 F. Supp. 1452 (N.D. Ill. 1984). “Section 3(c) states that actual notice is “giving notice directly or by telephone.”
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