Every minor has the right to petition the court for an order granting her the right to obtain an abortion without the consent required in Section 44-41-31(1). In seeking this relief the following procedures apply:
(1) The minor may prepare and file a petition in either the circuit or family court. The petition may be filed in the name of Jane Doe to protect the anonymity of the minor.
(2) The Adoption and Birth Parent Services Division of the Department of Social Services, upon request of the minor, must provide assistance to the minor in preparing and filing the petition. Preparation and filing of the petition must be completed within forty-eight hours after the request. The Department of Social Services shall promulgate regulations establishing the procedures to be followed in providing this assistance.
(3) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor, taking into consideration the preference of the minor. The minor may participate in court proceedings on her own behalf, but the court shall advise her that she has a right to court-appointed counsel and shall provide her with counsel upon her request.
(4) All proceedings pursuant to this section must be given precedence over other matters pending before the court.
(5) The court shall hold a hearing and rule on the merits of the petition within seventy-two hours of the filing of the petition. This time may be extended upon the request of the minor. The court shall consider the emotional development, maturity, intellect, and understanding of the minor; the nature and possible consequences of the abortion and of the alternatives to the abortion; and other evidence that the court may find useful in determining whether the minor should be granted the right on her own behalf to consent to the abortion or whether the abortion is in the best interest of the minor.
HISTORY: 1990 Act No. 341, Section 1.
Structure South Carolina Code of Laws
Section 44-41-10. Definitions.
Section 44-41-20. Legal Abortions.
Section 44-41-30. Persons from whom consent is required.
Section 44-41-33. Court order granting or denying minor right to obtain abortion.
Section 44-41-35. Failure to obtain required consent.
Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.
Section 44-41-60. Abortions must be reported.
Section 44-41-75. Licensing of certain abortion facilities; regulations.
Section 44-41-80. Performing or soliciting unlawful abortion; testimony of woman may be compelled.
Section 44-41-310. Short title.
Section 44-41-320. Definitions.
Section 44-41-340. Publication of materials regarding available assistance.
Section 44-41-350. Penalties for noncompliance with this article.
Section 44-41-360. Preservation of anonymity of woman having abortion.
Section 44-41-370. Applicability of article.
Section 44-41-380. Severability of provisions of article.
Section 44-41-410. Short title.
Section 44-41-420. Legislative findings.
Section 44-41-430. Definitions.
Section 44-41-440. Determination of probable post-fertilization age of unborn child.
Section 44-41-470. Penalties for noncompliance with Sections 44-41-440 and 44-41-450.
Section 44-41-480. Construction against implicit repeal of existing law.
Section 44-41-610. Definitions.
Section 44-41-620. Effect of court judgment or order; enforcement.
Section 44-41-640. Abortion provider shall make fetal heartbeat audible for pregnant woman to hear.
Section 44-41-650. Determination of detectable fetal heartbeat prior to abortion; penalties.
Section 44-41-660. Exception for medical emergency; written notations in medical records.
Section 44-41-670. No violation of Section 44-41-650 if no fetal heartbeat detected.
Section 44-41-700. No violation of Section 44-41-680 if no fetal heartbeat detected.
Section 44-41-710. Construction and application of article.
Section 44-41-720. Contraceptives not affected by this article.