Current through Register Vol. 54, No. 44, November 2, 2024
Section 29.37 - Informed consent(a)Rule. No abortion shall be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced.(b)Consent. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if: (1) The woman is provided, at least 24 hours before the abortion, with the following information by the physician who is to perform the abortion or by the referring physician, but not by the agent or representative of either:(i) The name of the physician who will perform the abortion.(ii) The fact that there may be detrimental physical and psychological effects which are not accurately foreseeable.(iii) The particular medical risks associated with the particular abortion procedure to be employed including, when medically accurate, the risks of infection, hemorrhage, danger to subsequent pregnancies and infertility.(iv) The probable gestational age of the unborn child at the time the abortion is to be performed.(v) The medical risks associated with carrying her child to term.(2) The woman is informed, by the physician or his agent, at least 24 hours before the abortion: (i) That Medical Assistance benefits may be available for prenatal care, childbirth, and neonatal care provided that the woman is deemed to meet the eligibility criteria for such benefits as determined by the appropriate County Board of Assistance.(ii) That the father may be held liable, through court action, to assist in the support of her child, even in instances where the father has offered to pay for the abortion.(iii) That she has the right to review the printed materials provided by the Department to the physician or his agent who shall orally inform the woman that the materials describe the unborn child and list agencies which offer alternatives to abortion. If the woman chooses to view the materials, copies of them shall be furnished to her. If the woman is unable to read the materials furnished her, the materials shall be read to her. If the woman seeks answers to questions concerning any of the information or materials, answers shall be provided her in her own language.(3) The woman shall certify in writing, prior to the abortion, that the information described in paragraphs (1) and (2) has been furnished her and that she has been informed of her opportunity to review the information referred to in paragraph (2)(iii).(4) Prior to the performance of the abortion, the physician who is to perform or induce the abortion or his agent shall receive a copy of the written certification prescribed by paragraph (3).(c)Emergency. Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death, or for which a 24-hour delay will create grave peril of immediate and irreversible loss of major bodily function.(d)Parental consent.(1) Except in the case of a medical emergency, except as provided in this section, if a pregnant woman is less than 18 years of age and not emancipated or if she has been adjudged an incompetent under 20 Pa.C.S. § 5511 (relating to petition and hearing; examination by court-appointed physician), a physician shall not perform an abortion upon her unless, in the case of a woman who is less than 18 years of age, he first obtains the consent both of the pregnant woman and of one of her parents or, in the case of a woman who is incompetent, he first obtains the consent of her guardian. In deciding whether to grant such consent, a pregnant woman's parent or guardian shall consider only the child's or ward's best interests. In obtaining the consent of the woman's parent or guardian, the physician shall provide them the information and materials specified in this section and shall further obtain from them the certification required by subsection (b)(3). In the case of a pregnancy that is the result of incest where the father is a party to the incestuous act, the pregnant woman need only obtain the consent of her mother.(2) If both parents have died or are otherwise unavailable to the physician within a reasonable time and in a reasonable manner, consent of the pregnant woman's guardian or guardians shall be sufficient. If the pregnant woman's parents are divorced, consent of the parent having custody shall be sufficient. If neither any parent nor a legal guardian is available to the physician within a reasonable time and in a reasonable manner, consent of any adult person standing in loco parentis shall be sufficient.(3) If both of the parents or guardians of the pregnant woman refuse to consent to the performance of an abortion or if she elects not to seek the consent of either of her parents or of her guardian, a petition to court for consent may be made in accordance with the Abortion Control Act, 18 Pa.C.S. Chapter 32.