Maryland Health - General Section 20-103

Article - Health - General

§ 20-103.

      (a)      Except as provided in subsections (b) and (c) of this section, a physician may not perform an abortion on an unmarried minor unless the physician first gives notice to a parent or guardian of the minor.

      (b)      The physician may perform the abortion without notice to a parent or guardian if:

            (1)      The minor does not live with a parent or guardian; and

            (2)      A reasonable effort to give notice to a parent or guardian is unsuccessful.

      (c)      (1)      The physician may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the physician:

                  (i)      Notice to the parent or guardian may lead to physical or emotional abuse of the minor;

                  (ii)      The minor is mature and capable of giving informed consent to an abortion; or

                  (iii)      Notification would not be in the best interest of the minor.

            (2)      The physician is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.

      (d)      The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be.

      (e)      A physician may not provide notice to a parent or guardian if the minor decides not to have the abortion.