West Virginia Code 16-2F-3 – Parental notification required for abortions performed on unemancipated minors
(a) A physician may not perform an abortion upon an unemancipated minor until notice of the pending abortion as required by this section is complete.
Terms Used In West Virginia Code 16-2F-3
- Abortion: means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a female known to be pregnant and with intent to cause the expulsion of a fetus other than by live birth. See West Virginia Code 16-2F-2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Unemancipated minor: means any person less than 18 years of age who is not, or has not been, married, who is under the care, custody, and control of the person&rsquo. See West Virginia Code 16-2F-2
(b) A physician or his or her agent may personally give notice directly, in person, by telephone or by letter to the parent, the guardian or conservator of the unemancipated minor at their usual place of residence and shall be delivered personally by the physician or his or her agent. Upon delivery of the notice, forty-eight hours shall pass until the abortion may be performed.
(c) A physician or his or her agent may provide notice by certified mail addressed to the parent, the guardian or conservator of the unemancipated minor at their usual place of residence, return receipt requested. The delivery shall be sent restricted delivery assuring that the letter is delivered only to the addressee. Time of delivery shall be deemed to occur at twelve o’clock noon on the next day on which regular mail delivery takes place unless. Upon delivery of the notice, forty-eight hours shall pass until the abortion may be performed.
(d) Notice may be waived if the person entitled to notice certifies in writing that he or she has been notified.