§ 20-16-1111 — Protection of privacy in court proceedings

(a) In every civil or criminal action brought under this subchapter in which any female upon whom an abortion has been performed or attempted has not given her consent to disclosure of her identity, the court shall determine whether the anonymity of the female shall be preserved from public disclosure. (b) (1) The court, upon motion or sua sponte, shall make a ruling on preserving the anonymity of the female. (2) If the court determines that the female's anonymity should be preserved, that court shall: (A) Issue appropriate orders to the parties, witnesses, and counsel; (B) Direct the sealing of the record; and (C) Order the exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the anonymity of the female. (3) Each order issued under subdivisions (b)(1) and (2) of this section shall be accompanied by specific written findings explaining: (A) Why the anonymity of the female should be preserved from public disclosure; (B) Why the order is essential to that end; (C) Why no reasonable less restrictive alternative exists; and (D) How the order is narrowly tailored to preserve the anonymity of the female. (c) In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone other than a public official who brings an action under § 20-16-1110(a) shall do so under a pseudonym. (d) This section may not be construed to conceal the identity of the plaintiff or witnesses from the defendant.

Legislative History

Acts 2005, No. 1696, § 1.