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In the Interest of Jane Doe

A 17-year-old girl's petition for a waiver of the parental notification required before having an abortion, pursuant to OCGA § 15-11-114 d, was granted as a matter of law and the juvenile court's subsequent order denying it was void ab initio because the juvenile court failed to issue an order within 24 hours of the conclusion of the hearing on the petition.

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In this case, a seventeen-year-old girl petitioned a juvenile court under the Parental Notification Act “the Act”, OCGA § 15-11-110 et seq., for a waiver of the parental notification required before an unemancipated minor may have an abortion. See OCGA § 15-11-112 b; 15-11-114 c. The juvenile court held a hearing and thereafter issued an order denying the petition. The appellant filed the instant appeal.1 Because we find that the appellant was entitled to a waiver of the notification requirement for the reasons explained below, we reverse.

Generally, the Act prohibits physicians and other persons from performing abortions upon unemancipated minors under the age of 18 unless 1 the minor is accompanied by a lawful parent or guardian who acknowledges having been notified of the abortion; 2 the physician or the physician’s agent gives 24 hours actual notice in person or by telephone to a parent or guardian; or 3 the physician or the physician’s agent gives written notice to a parent or guardian by a specified form of certified mail. OCGA § 15-11-112 a 1. The minor also must sign a consent form. OCGA § 15-11-112 a 2. The minor, however, is authorized to seek a waiver of the notification requirement from any juvenile court in the state. OCGA § 15-11-112 b. No abortion shall be performed without the required notice or a waiver of that requirement. OCGA § 15-11-112 c.

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