2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 32 - Abortion
3206 - Parental consent.

     § 3206.  Parental consent.
        (a)  General rule.--Except in the case of a medical
     emergency, or except as provided in this section, if a pregnant
     woman is less than 18 years of age and not emancipated, or if
     she has been adjudged an incapacitated person under 20 Pa.C.S. §
     5511 (relating to petition and hearing; independent evaluation),
     a physician shall not perform an abortion upon her unless, in
     the case of a woman who is less than 18 years of age, he first
     obtains the informed consent both of the pregnant woman and of
     one of her parents; or, in the case of a woman who is an
     incapacitated person, he first obtains the informed consent of
     her guardian. In deciding whether to grant such consent, a
     pregnant woman's parent or guardian shall consider only their
     child's or ward's best interests. In the case of a pregnancy
     that is the result of incest where the father is a party to the
     incestuous act, the pregnant woman need only obtain the consent
     of her mother.
        (b)  Unavailability of parent or guardian.--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 guardian or guardians shall be sufficient. If
     the pregnant woman's parents are divorced, consent of the parent
     having custody shall be sufficient. If neither any parent nor a
     legal guardian is available to the physician within a reasonable
     time and in a reasonable manner, consent of any adult person
     standing in loco parentis shall be sufficient.
        (c)  Petition to court for consent.--If both of the parents
     or guardians of the pregnant woman refuse to consent to the
     performance of an abortion or if she elects not to seek the
     consent of either of her parents or of her guardian, the court
     of common pleas of the judicial district in which the applicant
     resides or in which the abortion is sought shall, upon petition
     or motion, after an appropriate hearing, authorize a physician
     to perform the abortion if the court determines that the
     pregnant woman is mature and capable of giving informed consent
     to the proposed abortion, and has, in fact, given such consent.
        (d)  Court order.--If the court determines that the pregnant
     woman is not mature and capable of giving informed consent or if
     the pregnant woman does not claim to be mature and capable of
     giving informed consent, the court shall determine whether the
     performance of an abortion upon her would be in her best
     interests. If the court determines that the performance of an
     abortion would be in the best interests of the woman, it shall
     authorize a physician to perform the abortion.
        (e)  Representation in proceedings.--The pregnant woman may
     participate in proceedings in the court on her own behalf and
     the court may appoint a guardian ad litem to assist her. The
     court shall, however, advise her that she has a right to court
     appointed counsel, and shall provide her with such counsel
     unless she wishes to appear with private counsel or has
     knowingly and intelligently waived representation by counsel.
        (f)  Proceedings.--
            (1)  Court proceedings under this section shall be
        confidential and shall be given such precedence over other
        pending matters as will ensure that the court may reach a
        decision promptly and without delay in order to serve the
        best interests of the pregnant woman. In no case shall the
        court of common pleas fail to rule within three business days
        of the date of application. A court of common pleas which
        conducts proceedings under this section shall make in writing
        specific factual findings and legal conclusions supporting
        its decision and shall, upon the initial filing of the
        minor's petition for judicial authorization of an abortion,
        order a sealed record of the petition, pleadings,
        submissions, transcripts, exhibits, orders, evidence and any
        other written material to be maintained which shall include
        its own findings and conclusions.
            (2)  The application to the court of common pleas shall
        be accompanied by a non-notarized verification stating that
        the information therein is true and correct to the best of
        the applicant's knowledge, and the application shall set
        forth the following facts:
                (i)  The initials of the pregnant woman.
                (ii)  The age of the pregnant woman.
                (iii)  The names and addresses of each parent,
            guardian or, if the minor's parents are deceased and no
            guardian has been appointed, any other person standing in
            loco parentis to the minor.
                (iv)  That the pregnant woman has been fully informed
            of the risks and consequences of the abortion.
                (v)  Whether the pregnant woman is of sound mind and
            has sufficient intellectual capacity to consent to the
            abortion.
                (vi)  A prayer for relief asking the court to either
            grant the pregnant woman full capacity for the purpose of
            personal consent to the abortion, or to give judicial
            consent to the abortion under subsection (d) based upon a
            finding that the abortion is in the best interest of the
            pregnant woman.
                (vii)  That the pregnant woman is aware that any
            false statements made in the application are punishable
            by law.
                (viii)  The signature of the pregnant woman. Where
            necessary to serve the interest of justice, the orphans'
            court division, or, in Philadelphia, the family court
            division, shall refer the pregnant woman to the
            appropriate personnel for assistance in preparing the
            application.
            (3)  The name of the pregnant woman shall not be entered
        on any docket which is subject to public inspection. All
        persons shall be excluded from hearings under this section
        except the applicant and such other persons whose presence is
        specifically requested by the applicant or her guardian.
            (4)  At the hearing, the court shall hear evidence
        relating to the emotional development, maturity, intellect
        and understanding of the pregnant woman, the fact and
        duration of her pregnancy, the nature, possible consequences
        and alternatives to the abortion and any other evidence that
        the court may find useful in determining whether the pregnant
        woman should be granted full capacity for the purpose of
        consenting to the abortion or whether the abortion is in the
        best interest of the pregnant woman. The court shall also
        notify the pregnant woman at the hearing that it must rule on
        her application within three business days of the date of its
        filing and that, should the court fail to rule in favor of
        her application within the allotted time, she has the right
        to appeal to the Superior Court.
        (g)  Coercion prohibited.--Except in a medical emergency, no
     parent, guardian or other person standing in loco parentis shall
     coerce a minor or incapacitated woman to undergo an abortion.
     Any minor or incapacitated woman who is threatened with such
     coercion may apply to a court of common pleas for relief. The
     court shall provide the minor or incapacitated woman with
     counsel, give the matter expedited consideration and grant such
     relief as may be necessary to prevent such coercion. Should a
     minor be denied the financial support of her parents by reason
     of her refusal to undergo abortion, she shall be considered
     emancipated for purposes of eligibility for assistance benefits.
        (h)  Regulation of proceedings.--No filing fees shall be
     required of any woman availing herself of the procedures
     provided by this section. An expedited confidential appeal shall
     be available to any pregnant woman whom the court fails to grant
     an order authorizing an abortion within the time specified in
     this section. Any court to which an appeal is taken under this
     section shall give prompt and confidential attention thereto and
     shall rule thereon within five business days of the filing of
     the appeal. The Supreme Court of Pennsylvania may issue such
     rules as may further assure that the process provided in this
     section is conducted in such a manner as will ensure
     confidentiality and sufficient precedence over other pending
     matters to ensure promptness of disposition.
        (i)  Penalty.--Any person who performs an abortion upon a
     woman who is an unemancipated minor or incapacitated person to
     whom this section applies either with knowledge that she is a
     minor or incapacitated person to whom this section applies, or
     with reckless disregard or negligence as to whether she is a
     minor or incapacitated person to whom this section applies, and
     who intentionally, knowingly or recklessly fails to conform to
     any requirement of this section is guilty of "unprofessional
     conduct" and his license for the practice of medicine and
     surgery shall be suspended in accordance with procedures
     provided under the act of October 5, 1978 (P.L.1109, No.261),
     known as the Osteopathic Medical Practice Act, the act of
     December 20, 1985 (P.L.457, No.112), known as the Medical
     Practice Act of 1985, or their successor acts, for a period of
     at least three months. Failure to comply with 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 Commonwealth shall
     not be construed to preclude the award of exemplary damages or
     damages for emotional distress even if unaccompanied by physical
     complications 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.
     (Mar. 25, 1988, P.L.262, No.31, eff. 30 days; Nov. 17, 1989,
     P.L.592, No.64, eff. 60 days; Apr. 16, 1992, P.L.108, No.24,
     eff. 60 days)

        1992 Amendment.  Act 24 amended subsecs. (a), (g) and (i).
        1989 Amendment.  Act 64 amended subsec. (f)(1).
        1988 Amendment.  Act 31 amended subsecs. (a), (e), (f), (g),
     (h) and (i).
        Cross References.  Section 3206 is referred to in section
     3215 of this title.