188.028. 1. No person shall knowingly perform an abortionupon a pregnant woman under the age of eighteen years unless:
(1) The attending physician has secured the informed writtenconsent of the minor and one parent or guardian; or
(2) The minor is emancipated and the attending physician hasreceived the informed written consent of the minor; or
(3) The minor has been granted the right to self-consent tothe abortion by court order pursuant to subsection 2 of thissection, and the attending physician has received the informedwritten consent of the minor; or
(4) The minor has been granted consent to the abortion bycourt order, and the court has given its informed written consentin accordance with subsection 2 of this section, and the minor ishaving the abortion willingly, in compliance with subsection 3 ofthis section.
2. The right of a minor to self-consent to an abortion undersubdivision (3) of subsection 1 of this section or court consentunder subdivision (4) of subsection 1 of this section may begranted by a court pursuant to the following procedures:
(1) The minor or next friend shall make an application tothe juvenile court which shall assist the minor or next friend inpreparing the petition and notices required pursuant to thissection. The minor or the next friend of the minor shallthereafter file a petition setting forth the initials of theminor; the age of the minor; the names and addresses of eachparent, guardian, or, if the minor's parents are deceased and noguardian has been appointed, any other person standing in locoparentis of the minor; that the minor has been fully informed ofthe risks and consequences of the abortion; that the minor is ofsound mind and has sufficient intellectual capacity to consent tothe abortion; that, if the court does not grant the minormajority rights for the purpose of consent to the abortion, thecourt should find that the abortion is in the best interest ofthe minor and give judicial consent to the abortion; that thecourt should appoint a guardian ad litem of the child; and if theminor does not have private counsel, that the court shouldappoint counsel. The petition shall be signed by the minor orthe next friend;
(2) A hearing on the merits of the petition, to be held onthe record, shall be held as soon as possible within five days ofthe filing of the petition. If any party is unable to affordcounsel, the court shall appoint counsel at least twenty-fourhours before the time of the hearing. At the hearing, the courtshall hear evidence relating to the emotional development,maturity, intellect and understanding of the minor; the nature,possible consequences, and alternatives to the abortion; and anyother evidence that the court may find useful in determiningwhether the minor should be granted majority rights for thepurpose of consenting to the abortion or whether the abortion isin the best interests of the minor;
(3) In the decree, the court shall for good cause:
(a) Grant the petition for majority rights for the purposeof consenting to the abortion; or
(b) Find the abortion to be in the best interests of theminor and give judicial consent to the abortion, setting forththe grounds for so finding; or
(c) Deny the petition, setting forth the grounds on whichthe petition is denied;
(4) If the petition is allowed, the informed consent of theminor, pursuant to a court grant of majority rights, or thejudicial consent, shall bar an action by the parents or guardianof the minor on the grounds of battery of the minor by thoseperforming the abortion. The immunity granted shall only extendto the performance of the abortion in accordance herewith and anynecessary accompanying services which are performed in acompetent manner. The costs of the action shall be borne by theparties;
(5) An appeal from an order issued under the provisions ofthis section may be taken to the court of appeals of this stateby the minor or by a parent or guardian of the minor. The noticeof intent to appeal shall be given within twenty-four hours fromthe date of issuance of the order. The record on appeal shall becompleted and the appeal shall be perfected within five days fromthe filing of notice to appeal. Because time may be of theessence regarding the performance of the abortion, the supremecourt of this state shall, by court rule, provide for expeditedappellate review of cases appealed under this section.
3. If a minor desires an abortion, then she shall be orallyinformed of and, if possible, sign the written consent requiredby section 188.039 in the same manner as an adult person. Noabortion shall be performed on any minor against her will, exceptthat an abortion may be performed against the will of a minorpursuant to a court order described in subdivision (4) ofsubsection 1 of this section that the abortion is necessary topreserve the life of the minor.
(L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596)
(1981) Provisions of statute requiring notice to parents of all minors seeking abortions is unconstitutional because it requires notice to the parents of minors who are mature or minors for whom it is not in their best interest to give notice. Planned Parenthood v. Ashcroft (8th Cir.) 655 F.2d 848.
(1983) Statute requiring minors to obtain parental or judicial consent to obtain an abortion is constitutional as interpreted in Planned Parenthood v. Ashcroft, 655 F.2d 848 (8th Cir. 1981). Planned Parenthood of Kansas City, Mo. v. Ashcroft, 103 S.Ct. 2517.
(1985) Requirement that unemancipated minor secure parental consent or court ordered right to self-consent in order to obtain abortion is constitutional. C.L.G. v. Webster, 616 F.Supp. 1182 (D.C. Mo.).
(1986) This section held constitutionally valid. T.L.J. v. Webster, 792 F.2d 734 (8th Cir.).
188.028. 1. No person shall knowingly perform an abortionupon a pregnant woman under the age of eighteen years unless:
(1) The attending physician has secured the informed writtenconsent of the minor and one parent or guardian; or
(2) The minor is emancipated and the attending physician hasreceived the informed written consent of the minor; or
(3) The minor has been granted the right to self-consent tothe abortion by court order pursuant to subsection 2 of thissection, and the attending physician has received the informedwritten consent of the minor; or
(4) The minor has been granted consent to the abortion bycourt order, and the court has given its informed written consentin accordance with subsection 2 of this section, and the minor ishaving the abortion willingly, in compliance with subsection 3 ofthis section.
2. The right of a minor to self-consent to an abortion undersubdivision (3) of subsection 1 of this section or court consentunder subdivision (4) of subsection 1 of this section may begranted by a court pursuant to the following procedures:
(1) The minor or next friend shall make an application tothe juvenile court which shall assist the minor or next friend inpreparing the petition and notices required pursuant to thissection. The minor or the next friend of the minor shallthereafter file a petition setting forth the initials of theminor; the age of the minor; the names and addresses of eachparent, guardian, or, if the minor's parents are deceased and noguardian has been appointed, any other person standing in locoparentis of the minor; that the minor has been fully informed ofthe risks and consequences of the abortion; that the minor is ofsound mind and has sufficient intellectual capacity to consent tothe abortion; that, if the court does not grant the minormajority rights for the purpose of consent to the abortion, thecourt should find that the abortion is in the best interest ofthe minor and give judicial consent to the abortion; that thecourt should appoint a guardian ad litem of the child; and if theminor does not have private counsel, that the court shouldappoint counsel. The petition shall be signed by the minor orthe next friend;
(2) A hearing on the merits of the petition, to be held onthe record, shall be held as soon as possible within five days ofthe filing of the petition. If any party is unable to affordcounsel, the court shall appoint counsel at least twenty-fourhours before the time of the hearing. At the hearing, the courtshall hear evidence relating to the emotional development,maturity, intellect and understanding of the minor; the nature,possible consequences, and alternatives to the abortion; and anyother evidence that the court may find useful in determiningwhether the minor should be granted majority rights for thepurpose of consenting to the abortion or whether the abortion isin the best interests of the minor;
(3) In the decree, the court shall for good cause:
(a) Grant the petition for majority rights for the purposeof consenting to the abortion; or
(b) Find the abortion to be in the best interests of theminor and give judicial consent to the abortion, setting forththe grounds for so finding; or
(c) Deny the petition, setting forth the grounds on whichthe petition is denied;
(4) If the petition is allowed, the informed consent of theminor, pursuant to a court grant of majority rights, or thejudicial consent, shall bar an action by the parents or guardianof the minor on the grounds of battery of the minor by thoseperforming the abortion. The immunity granted shall only extendto the performance of the abortion in accordance herewith and anynecessary accompanying services which are performed in acompetent manner. The costs of the action shall be borne by theparties;
(5) An appeal from an order issued under the provisions ofthis section may be taken to the court of appeals of this stateby the minor or by a parent or guardian of the minor. The noticeof intent to appeal shall be given within twenty-four hours fromthe date of issuance of the order. The record on appeal shall becompleted and the appeal shall be perfected within five days fromthe filing of notice to appeal. Because time may be of theessence regarding the performance of the abortion, the supremecourt of this state shall, by court rule, provide for expeditedappellate review of cases appealed under this section.
3. If a minor desires an abortion, then she shall be orallyinformed of and, if possible, sign the written consent requiredby section 188.039 in the same manner as an adult person. Noabortion shall be performed on any minor against her will, exceptthat an abortion may be performed against the will of a minorpursuant to a court order described in subdivision (4) ofsubsection 1 of this section that the abortion is necessary topreserve the life of the minor.
(L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596)
(1981) Provisions of statute requiring notice to parents of all minors seeking abortions is unconstitutional because it requires notice to the parents of minors who are mature or minors for whom it is not in their best interest to give notice. Planned Parenthood v. Ashcroft (8th Cir.) 655 F.2d 848.
(1983) Statute requiring minors to obtain parental or judicial consent to obtain an abortion is constitutional as interpreted in Planned Parenthood v. Ashcroft, 655 F.2d 848 (8th Cir. 1981). Planned Parenthood of Kansas City, Mo. v. Ashcroft, 103 S.Ct. 2517.
(1985) Requirement that unemancipated minor secure parental consent or court ordered right to self-consent in order to obtain abortion is constitutional. C.L.G. v. Webster, 616 F.Supp. 1182 (D.C. Mo.).
(1986) This section held constitutionally valid. T.L.J. v. Webster, 792 F.2d 734 (8th Cir.).
188.028. 1. No person shall knowingly perform an abortionupon a pregnant woman under the age of eighteen years unless:
(1) The attending physician has secured the informed writtenconsent of the minor and one parent or guardian; or
(2) The minor is emancipated and the attending physician hasreceived the informed written consent of the minor; or
(3) The minor has been granted the right to self-consent tothe abortion by court order pursuant to subsection 2 of thissection, and the attending physician has received the informedwritten consent of the minor; or
(4) The minor has been granted consent to the abortion bycourt order, and the court has given its informed written consentin accordance with subsection 2 of this section, and the minor ishaving the abortion willingly, in compliance with subsection 3 ofthis section.
2. The right of a minor to self-consent to an abortion undersubdivision (3) of subsection 1 of this section or court consentunder subdivision (4) of subsection 1 of this section may begranted by a court pursuant to the following procedures:
(1) The minor or next friend shall make an application tothe juvenile court which shall assist the minor or next friend inpreparing the petition and notices required pursuant to thissection. The minor or the next friend of the minor shallthereafter file a petition setting forth the initials of theminor; the age of the minor; the names and addresses of eachparent, guardian, or, if the minor's parents are deceased and noguardian has been appointed, any other person standing in locoparentis of the minor; that the minor has been fully informed ofthe risks and consequences of the abortion; that the minor is ofsound mind and has sufficient intellectual capacity to consent tothe abortion; that, if the court does not grant the minormajority rights for the purpose of consent to the abortion, thecourt should find that the abortion is in the best interest ofthe minor and give judicial consent to the abortion; that thecourt should appoint a guardian ad litem of the child; and if theminor does not have private counsel, that the court shouldappoint counsel. The petition shall be signed by the minor orthe next friend;
(2) A hearing on the merits of the petition, to be held onthe record, shall be held as soon as possible within five days ofthe filing of the petition. If any party is unable to affordcounsel, the court shall appoint counsel at least twenty-fourhours before the time of the hearing. At the hearing, the courtshall hear evidence relating to the emotional development,maturity, intellect and understanding of the minor; the nature,possible consequences, and alternatives to the abortion; and anyother evidence that the court may find useful in determiningwhether the minor should be granted majority rights for thepurpose of consenting to the abortion or whether the abortion isin the best interests of the minor;
(3) In the decree, the court shall for good cause:
(a) Grant the petition for majority rights for the purposeof consenting to the abortion; or
(b) Find the abortion to be in the best interests of theminor and give judicial consent to the abortion, setting forththe grounds for so finding; or
(c) Deny the petition, setting forth the grounds on whichthe petition is denied;
(4) If the petition is allowed, the informed consent of theminor, pursuant to a court grant of majority rights, or thejudicial consent, shall bar an action by the parents or guardianof the minor on the grounds of battery of the minor by thoseperforming the abortion. The immunity granted shall only extendto the performance of the abortion in accordance herewith and anynecessary accompanying services which are performed in acompetent manner. The costs of the action shall be borne by theparties;
(5) An appeal from an order issued under the provisions ofthis section may be taken to the court of appeals of this stateby the minor or by a parent or guardian of the minor. The noticeof intent to appeal shall be given within twenty-four hours fromthe date of issuance of the order. The record on appeal shall becompleted and the appeal shall be perfected within five days fromthe filing of notice to appeal. Because time may be of theessence regarding the performance of the abortion, the supremecourt of this state shall, by court rule, provide for expeditedappellate review of cases appealed under this section.
3. If a minor desires an abortion, then she shall be orallyinformed of and, if possible, sign the written consent requiredby section 188.039 in the same manner as an adult person. Noabortion shall be performed on any minor against her will, exceptthat an abortion may be performed against the will of a minorpursuant to a court order described in subdivision (4) ofsubsection 1 of this section that the abortion is necessary topreserve the life of the minor.
(L. 1979 H.B. 523, et al., A.L. 1986 H.B. 1596)
(1981) Provisions of statute requiring notice to parents of all minors seeking abortions is unconstitutional because it requires notice to the parents of minors who are mature or minors for whom it is not in their best interest to give notice. Planned Parenthood v. Ashcroft (8th Cir.) 655 F.2d 848.
(1983) Statute requiring minors to obtain parental or judicial consent to obtain an abortion is constitutional as interpreted in Planned Parenthood v. Ashcroft, 655 F.2d 848 (8th Cir. 1981). Planned Parenthood of Kansas City, Mo. v. Ashcroft, 103 S.Ct. 2517.
(1985) Requirement that unemancipated minor secure parental consent or court ordered right to self-consent in order to obtain abortion is constitutional. C.L.G. v. Webster, 616 F.Supp. 1182 (D.C. Mo.).
(1986) This section held constitutionally valid. T.L.J. v. Webster, 792 F.2d 734 (8th Cir.).
