(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; or
(2) The legal guardian or legal custodian of the minor; or
(3) A parent with whom the minor is living; or
(4) A grandparent with whom the minor has been living for at least six months immediately preceding the date of the minor's written consent.
(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) None of the persons from whom consent must be obtained pursuant to this section 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; or
(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. (1995, c. 462, s. 1.)
Notes of Decisions
Cited in
4
cases, 1996–1998 · leading case:
Manning v. Hunt, 119 F.3d 254 (4th Cir. 1997).
Manning v. Hunt, 119 F.3d 254 (4th Cir. 1997).
“N.C. Gen.Stat. § 90-21.7(a) (Miehie 1996).”
Matter of Doe, 485 S.E.2d 354 (N.C. Ct. App. 1997).
· cites it 2× “8 , sought judicial waiver of the parental consent requirement of N.C. Gen. Stat. § 90-21.7 to have an abortion.”
Jackson Ex Rel. Robinson v. a Woman's Choice, Inc., 503 S.E.2d 422 (N.C. Ct. App. 1998).
· cites it 18× “N.C. Gen. Stat. § 90-21.7 (1995). Subsection (b) of the same statute permits a minor seeking an abortion to petition the court for waiver of the parental consent requirement, and G.”
Manning v. Hunt (4th Cir. 1996).
· cites it 2× “N.C. Gen. Stat. § 90-21.7 (a). A pregnant minor may petition a state district court judge2 for a waiver of the parental consent requirement if none of the persons capable of giving consent is available, all of the persons capable of giving consent refuse to do so, or the minor…”
— N.C. Gen. Stat. § 90-21.7(a) — 2 cases
Manning v. Hunt, 119 F.3d 254 (4th Cir. 1997).
“N.C. Gen.Stat. § 90-21.7(a) (Miehie 1996).”
Jackson Ex Rel. Robinson v. a Woman's Choice, Inc., 503 S.E.2d 422 (N.C. Ct. App. 1998).
“N.C. Gen. Stat. § 90-21.7 (1995). Subsection (b) of the same statute permits a minor seeking an abortion to petition the court for waiver of the parental consent requirement, and G.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.