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North Carolina

Restrictions on Young Women's Access to Abortion

North Carolina law restricts young women's access to abortion.

Is the law enforceable?  Yes.  A federal court held that this law is constitutional.  Manning v. Hunt, 119 F.3d 254 (4th Cir. 1997).

Who is considered a minor?  A young woman under the age of 18 who has never been married or emancipated.

What is required parental consent or parental notice?  Consent.

Who must provide consent?  One parent.

Are there other trusted adults who may provide consent instead?  Yes, a grandparent with whom the young woman has been living for six months.

What is the process for obtaining consent?  A young woman may not obtain an abortion unless the attending physician or another physician secures written consent from one parent or a grandparent.

May the parental mandate be waived if a young woman is a victim of rape or incest?  No, unless a court finds that the young woman is a victim of rape or "felonious incest."

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 determines that a "medical emergency exists that so complicates the pregnancy 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 that she is mature and well informed enough to make her own decision, that parental consent is not in her best interests, or that she is a victim of rape or "felonious incest."

Are there other significant requirements under the law?  No.

Has a court considered the constitutionality of this law?  Yes.  A court denied a motion seeking a preliminary injunction of this law.  Manning v. Hunt, 119 F.3d 254 (4th Cir. 1997).

Other information about the law:  None.

N.C. Gen. Stat. Ann. §§ 90-21.6 (Enacted 1995; Last Amended 1998), 90-21.7, .9, .10 (Enacted 1995), 90-21.8 (Enacted 1995; Last Amended 2000).

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