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20-16-804. Notarized consent.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-804. Notarized consent.
Except as otherwise provided in §§ 20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-804
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-16-804
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b4e23c7e09c607a71ed768b90c342c6d5e3e9ddf1c22f6576ce11965fc71dd38
Source location: content.xml paragraph 13058
Stored source content
20-16-804. Notarized consent.
Except as otherwise provided in §§ 20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-807. Notice post-emergency.
(a)(1) Consent is not required under this subchapter if the attending physician certifies in the medical record of the pregnant woman that a medical emergency exists and there is insufficient time to obtain the required consent.
(2) However, within twenty-four (24) hours after the completion of the abortion, the physician shall notify one (1) of the parents or the legal guardian of the minor or incompetent woman in the manner provided in this subchapter that a medical emergency abortion was performed on the pregnant woman and of the circumstances that warranted invocation of this section.
(b)(1) Unless the minor or incompetent woman gives notice of her intent to seek a judicial waiver under § 20-16-809, the physician shall verbally inform the parent or legal guardian of the minor or incompetent woman within twenty-four (24) hours after the performance of a medical emergency abortion that an abortion was performed on the minor or incompetent woman.
(2) The physician shall:
(A) Inform the parent or legal guardian of the basis for the certification of the physician required under subsection (a) of this section and provide details regarding any additional risks to the pregnant woman; and
(B) Send a written notice of the performed abortion to the last known address of the parent or legal guardian by certified mail with restricted delivery and return receipt requested.
(c) If the minor or incompetent woman gives notice to the physician of her intent to seek a judicial waiver under this subchapter, the physician shall:
(1) File a notice with a judge of a court that the minor has given notice; and
(2) Provide the information to the court that the physician would have been required to provide to the parent or legal guardian und
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-807
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-807. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-809. Judicial relief from requirement.
(a) The requirements and procedures of this subchapter are available to a pregnant woman regardless of whether the woman is a resident of the state.
(b) Notwithstanding the provisions of §§ 20-16-803 — 20-16-806, if a pregnant minor or incompetent woman does not wish to obtain the consent of one (1) or both parents or the guardian or custodian, then:
(1)(A) The pregnant woman may petition a circuit court for a waiver of the consent requirement and may participate in the proceedings on her own behalf.
(B) However, the court shall advise the pregnant woman that she has a right to a court-appointed counsel and, upon her request, shall provide her with such counsel.
(C) The court may appoint a guardian ad litem for the pregnant woman.
(D) A guardian ad litem appointed under this subchapter shall act to maintain the confidentiality of the proceedings;
(2)(A) When the petitioner is a minor, the petition shall include a statement that the minor is pregnant and unempancipated.
(B) The petition shall include a statement that consent has not been waived and that the pregnant woman wishes to abort the fetus without obtaining consent under this subchapter;
(3) The pregnant woman shall have the right to file her petition in the circuit court using a pseudonym or using solely her initials;
(4)(A) The court proceedings under this section shall be confidential and shall ensure the anonymity of the minor or incompetent woman.
(B) All court proceedings under this section shall be sealed and all documents related to the petition shall be confidential and shall not be available to the public;
(5) These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reache
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-809
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-809. This identifies an authority to review, not proof of applicability.