§ 23-4.7-6. Minors — Parental consent — Judicial proceedings.
Except in the case of a minor who has been found by a court of competent jurisdiction
to be emancipated, if a pregnant woman is less than eighteen (18) years of age and
has not married, an abortion shall not be performed upon her unless both the consent
of the pregnant woman and that of at least one of her parents is obtained, except
as provided in this section. In deciding whether to grant consent, a pregnant woman's
parents shall consider only their child's best interests. If both parents have died
or are otherwise unavailable to the physician within a reasonable time and in a reasonabl
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§ 23-4.7-6. Minors — Parental consent — Judicial proceedings.
Except in the case of a minor who has been found by a court of competent jurisdiction
to be emancipated, if a pregnant woman is less than eighteen (18) years of age and
has not married, an abortion shall not be performed upon her unless both the consent
of the pregnant woman and that of at least one of her parents is obtained, except
as provided in this section. In deciding whether to grant consent, a pregnant woman's
parents shall consider only their child's best interests. If both parents have died
or are otherwise unavailable to the physician within a reasonable time and in a reasonable
manner, consent of the pregnant woman's legal guardian or one of her guardians shall
be sufficient. If a pregnant woman less than eighteen (18) years of age has not married
and if neither of her parents or guardians agree to consent to the performance of
an abortion, or if she elects not to seek the consent of either of her parents or
guardians, a judge of the family court shall, upon petition, or motion, and after
an appropriate hearing, authorize a physician to perform the abortion, if the judge
determines that the pregnant woman is mature and capable of giving informed consent
to the proposed abortion or if the judge determines that she is not mature, but that
the performance of an abortion upon her would be in her best interests. A pregnant
woman less than eighteen (18) years of age may participate in proceedings in the family
court on her own behalf, and she shall be represented in her proceeding by a guardian
ad litem. Proceedings in the family court under this section shall be confidential
and shall be given such precedence over other pending matters that the court may reach
a decision promptly and without delay so as to serve the best interests of the pregnant
woman. A judge of the family court who conducts proceedings under this section shall
make in writing specific factual findings and legal conclusions supporting his or
her decision and shall order a record of the evidence to be maintained including his
or her own findings and conclusions.