Restrictions on Young Women's Access to Abortion
Georgia law restricts young women's access to abortion.
Is the law enforceable? Yes. A federal court held that this law is constitutional. Planned Parenthood Ass'n of the Atlanta Area v. Miller, 934 F.2d 1462 (11th Cir. 1991).
Who is considered a minor? A young woman under the age of 18 who has never been married and who is under the care, custody, and control of her parents.
What is required - parental consent or parental notice? Notice.
Who must be notified? One parent.
Are there other trusted adults who may be notified instead? No.
What is the process for providing notification? A young woman may not obtain an abortion until at least 24 hours actual notice has been given in person or by telephone by the attending physician or the physician's qualified agent to one parent. If written notice is sent by certified mail, return receipt requested with delivery confirmation, the 24-hour period begins to run 48 hours after the mailing unless proof of earlier delivery is established. Notice from the physician is not required if the young woman provides a signed statement from the parent stating that the parent has been notified. The 24-hour period is not required if, after receiving notice, the parent certifies in writing that he or she has been previously informed that the young woman was seeking an abortion or that he or she does not wish to consult with her, or if a parent accompanies the young woman.
May the parental mandate be waived if a young woman is a victim of rape or incest? No.
May the parental mandate be waived if a young woman is a victim of child abuse? No.
May the parental mandate be waived if a young woman's health is threatened? Yes, but only if the attending physician certifies in writing that a medical emergency exists. A medical emergency is defined as "when in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so complicates the condition of the minor as to require an immediate abortion."
May the parental mandate be waived under any other circumstances? Yes, the young woman may try to obtain permission from a judge.
If a young woman must obtain permission from a judge, what is the process? She must secure a court order stating either that she is mature and well informed enough to make her own decision or that parental notice is not in her best interests.
Are there other significant requirements under the law? No.
Has a court considered the constitutionality of this law? Yes. A court held that this law is constitutional. Planned Parenthood Ass'n of the Atlanta Area v. Miller, 934 F.2d 1462 (11th Cir. 1991).
Other information about the law: None.
Ga. Code Ann. §§ 15-11-110, -116, -118 (Enacted 1987; Last Amended 2013), -111, -112 , -114 (Enacted 1987; Last Amended 2013), -113 (Enacted 1987; Last Amended 2013).