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    311.732 Performance of Abortion Upon A Minor - Definitions - Consent Requirement - Petition in District or Circuit Court - Medical Emergencies

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    Harsh Mishra
    This document outlines Kentucky law regarding abortion for minors. It defines a minor as under 18 and emancipated minor as married or freed from parental control. It requires parental consent for a minor's abortion unless the minor is emancipated, petitions a court, or a medical emergency exists. It describes the court petition process and requires the court to rule within 72 hours to either grant consent if in the minor's best interest or deny the petition if she is not mature enough. Physicians must report medical emergencies bypassing consent to state authorities.

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    311.732 Performance of Abortion Upon A Minor - Definitions - Consent Requirement - Petition in District or Circuit Court - Medical Emergencies

    Uploaded by

    Harsh Mishra
    41 views2 pages
    This document outlines Kentucky law regarding abortion for minors. It defines a minor as under 18 and emancipated minor as married or freed from parental control. It requires parental consent for a minor's abortion unless the minor is emancipated, petitions a court, or a medical emergency exists. It describes the court petition process and requires the court to rule within 72 hours to either grant consent if in the minor's best interest or deny the petition if she is not mature enough. Physicians must report medical emergencies bypassing consent to state authorities.

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    This document outlines Kentucky law regarding abortion for minors. It defines a minor as under 18 and emancipated minor as married or freed from parental control. It requires parental consent for a minor's abortion unless the minor is emancipated, petitions a court, or a medical emergency exists. It describes the court petition process and requires the court to rule within 72 hours to either grant consent if in the minor's best interest or deny the petition if she is not mature enough. Physicians must report medical emergencies bypassing consent to state authorities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views2 pages

    311.732 Performance of Abortion Upon A Minor - Definitions - Consent Requirement - Petition in District or Circuit Court - Medical Emergencies

    Uploaded by

    Harsh Mishra
    This document outlines Kentucky law regarding abortion for minors. It defines a minor as under 18 and emancipated minor as married or freed from parental control. It requires parental consent for a minor's abortion unless the minor is emancipated, petitions a court, or a medical emergency exists. It describes the court petition process and requires the court to rule within 72 hours to either grant consent if in the minor's best interest or deny the petition if she is not mature enough. Physicians must report medical emergencies bypassing consent to state authorities.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    311.

    732 Performance of abortion upon a minor -- Definitions -- Consent


    requirement -- Petition in District or Circuit Court -- Medical emergencies.
    (1) For purposes of this section the following definitions shall apply:
    (a) "Minor" means any person under the age of eighteen (18);
    (b) "Emancipated minor" means any minor who is or has been married or has by
    court order or otherwise been freed from the care, custody, and control of her
    parents; and
    (c) "Abortion" means the use of any instrument, medicine, drug, or any other
    substance or device with intent to terminate the pregnancy of a woman known
    to be pregnant with intent other than to increase the probability of a live birth,
    to preserve the life or health of the child after live birth, or to remove a dead
    fetus.
    (2) No person shall perform an abortion upon a minor unless:
    (a) The attending physician or his agent secured the informed written consent of
    the minor and one (1) parent or legal guardian;
    (b) The minor is emancipated and the attending physician or his agent has
    received the informed written consent of the minor; or
    (c) The minor elects to petition any Circuit or District Court of the
    Commonwealth pursuant to subsection (3) of this section and obtain an order
    pursuant to subsection (4) of this section granting consent to the abortion and
    the attending physician or his agent has received the informed written consent
    of the minor.
    (3) Every minor shall have the right to petition any Circuit or District Court of the
    Commonwealth for an order granting the right to self-consent to an abortion
    pursuant to the following procedures:
    (a) The minor or her next friend may prepare and file a petition setting forth the
    request of the minor for an order of consent to an abortion;
    (b) The court shall insure that the minor prepares or her next friend is given
    assistance in preparing and filing the petition and shall insure that the minor's
    identity is kept anonymous;
    (c) The minor may participate in proceedings in the court on her own behalf or
    through her next friend and the court shall appoint a guardian ad litem for her.
    The court shall advise her that she has a right to court-appointed counsel and
    shall provide her with such counsel upon her request;
    (d) All proceedings under this section shall be anonymous and shall be given
    preference over other matters to insure that the court may reach a decision
    promptly, but in no case shall the court fail to rule within seventy-two (72)
    hours of the time of application, provided that the seventy-two (72) hour
    limitation may be extended at the request of the minor; and
    (e) The court shall hold a hearing on the merits of the petition before reaching a
    decision. The court shall hear evidence at the hearing relating to the emotional
    development, maturity, intellect, and understanding of the minor; the nature,
    possible consequences, and alternatives to the abortion; and any other
    evidence that the court may find useful in determining whether the minor
    should be granted majority rights for the purpose of consenting to the abortion
    or whether the abortion is in the best interest of the minor.
    (4) The court shall enter a written order, making specific factual findings and legal
    conclusions supporting its decision as follows:
    (a) Granting the petition for an abortion if the court finds that the minor is mature
    and well informed enough to make the abortion decision on her own;
    (b) Granting consent to the abortion if the court finds that the performance of the
    abortion would be in the minor's best interest; or
    (c) Deny the petition, if the court finds that the minor is immature and that
    performance of the abortion would not be in the minor's best interest.
    (5) Any minor shall have the right of anonymous and expedited appeal to the Court of
    Appeals, and that court shall give precedence over other pending matters.
    (6) No fees shall be required of any minor who declares she has no sufficient funds to
    pursue the procedures provided by this section.
    (7) The Supreme Court is respectfully requested to promulgate any rules and
    regulations it feels are necessary to ensure that proceedings under this section are
    handled in an expeditious and anonymous manner.
    (8) The requirements of subsections (2), (3), and (4) of this section shall not apply
    when, in the best medical judgment of the physician based on the facts of the case
    before him, a medical emergency exists that so complicates the pregnancy as to
    require an immediate abortion. A physician who does not comply with subsection
    (2), (3), or (4) of this section due to the utilization of this exception shall certify in
    writing the medical indications upon which his judgment was based.
    (9) A report indicating the basis for any medical judgment that warrants failure to
    obtain consent pursuant to this section shall be filed with the Cabinet for Health and
    Family Services on a form supplied by the cabinet. This report shall be confidential.
    (10) Failure to obtain consent pursuant to the requirements of this section is prima facie
    evidence of failure to obtain informed consent and of interference with family
    relations in appropriate civil actions. The law of this state shall not be construed to
    preclude the award of exemplary damages in any appropriate civil action relevant to
    violations of this section. Nothing in this section shall be construed to limit the
    common-law rights of parents.
    Effective: June 20, 2005
    History: Amended 2005 Ky. Acts ch. 99, sec. 588, effective June 20, 2005. -- Amended
    1998 Ky. Acts ch. 426, sec. 542, effective July 15, 1998. -- Amended 1994 Ky. Acts
    ch. 253, sec. 1, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 375, sec. 1,
    effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 132, effective July
    13, 1984. -- Created 1982 Ky. Acts ch. 342, sec. 6, effective July 15, 1982.

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