Okla. Stat. tit. 63, § 63-1-740.2
This is the official text of Okla. Stat. tit. 63, § 63-1-740.2, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Consent of parent - Requirements - Exceptions - Forms
Official statutory text
A. Except in the case of a medical emergency, a physician may
not perform an abortion on a pregnant female unless the physician
has:
1. Obtained proof of age demonstrating that the female is not a
minor;
2. Obtained proof that the female, although a minor, is
emancipated; or
3. Complied with Section 1-740.3 of this title.
B. No abortion shall be performed upon an unemancipated minor
or upon a female for whom a guardian has been appointed pursuant to
Section 1-113 of Title 30 of the Oklahoma Statutes because of a
finding of incompetency, except in a medical emergency or where a
judicial waiver was obtained pursuant to Section 1-740.3 of this
title, until at least forty-eight (48) hours after the request for
written informed consent for the pending abortion has been delivered
in the manner specified in this subsection and the attending
physician has secured proof of identification and the written
informed consent of one parent.
1. The request for written informed consent of one parent shall
be addressed to the parent at the usual place of abode of the parent
and delivered personally to the parent by the physician or an agent.
2. In lieu of the delivery required by paragraph 1 of this
subsection, the request for written informed consent of one parent
shall be made by certified mail addressed to the parent at the usual
place of abode of the parent with return-receipt requested and
restricted delivery to the addressee, which means a postal employee
Oklahoma Statutes - Title 63. Public Health and Safety Page 365
can only deliver the mail to the authorized addressee. Time of
delivery shall be deemed to occur at 12 noon on the third day on
which regular mail delivery takes place, subsequent to mailing. The
information concerning the address of the parent shall be that which
a reasonable and prudent person, under similar circumstances, would
have relied upon as sufficient evidence that the parent resides at
that address.
3. a. The parent who provides consent shall provide to the
physician a copy of a government-issued proof of
identification and written documentation that
establishes that he or she is the lawful parent of the
pregnant female. The parent shall certify in a
signed, dated, notarized statement, initialed on each
page, that he or she consents to the abortion. The
signed, dated, and notarized statement shall include:
"I certify that I, (insert name of parent), am the
parent of (insert name of minor daughter) and give
consent for (insert name of physician) to perform an
abortion on my daughter. I understand that any person
who knowingly makes a fraudulent statement in this
regard commits a felony."
b. The physician shall keep a copy of the proof of
identification of the parent and the certified
statement in the medical file of the minor for five
am the
parent of (insert name of minor daughter) and give
consent for (insert name of physician) to perform an
abortion on my daughter. I understand that any person
who knowingly makes a fraudulent statement in this
regard commits a felony."
b. The physician shall keep a copy of the proof of
identification of the parent and the certified
statement in the medical file of the minor for five
(5) years past the majority of the minor, but in no
event less than seven (7) years.
c. A physician receiving parental consent under this
section shall execute for inclusion in the medical
record of the minor an affidavit stating: "I, (insert
name of physician), certify that according to my best
information and belief, a reasonable person under
similar circumstances would rely on the information
presented by both the minor and her parent as
sufficient evidence of identity."
C. No request for written informed consent of one parent shall
be required under this section if the attending physician certifies
in the medical records of the pregnant unemancipated minor that a
medical emergency exists; provided, however, that the attending
physician or an agent shall, within twenty-four (24) hours after
completion of the abortion, notify one of the parents of the minor
in the manner provided in this section that an emergency abortion
was performed on the minor and of the circumstances that warranted
invocation of this subsection.
D. The attending physician, or the agent of the physician,
shall verbally inform the parent of the minor within twenty-four
(24) hours after the performance of a medical emergency abortion or
an abortion that was performed to prevent her death that an abortion
Oklahoma Statutes - Title 63. Public Health and Safety Page 366
was performed on the unemancipated minor. The attending physician,
or the agent of the attending physician, shall also inform the
parent of the basis for the certification of the physician required
under subsection C of this section. The attending physician, or the
agent of the attending physician, shall also send a written notice
of the performed abortion via the United States Post Office to the
last-known address of the parent, restricted delivery, return
receipt requested. The information concerning the address of the
parent shall be that which a reasonable and prudent person, under
similar circumstances, would have relied upon as sufficient evidence
that the parent resides at that address.
E. The State Board of Health shall adopt the forms necessary
for physicians to obtain the certifications required by this
section.
not perform an abortion on a pregnant female unless the physician
has:
1. Obtained proof of age demonstrating that the female is not a
minor;
2. Obtained proof that the female, although a minor, is
emancipated; or
3. Complied with Section 1-740.3 of this title.
B. No abortion shall be performed upon an unemancipated minor
or upon a female for whom a guardian has been appointed pursuant to
Section 1-113 of Title 30 of the Oklahoma Statutes because of a
finding of incompetency, except in a medical emergency or where a
judicial waiver was obtained pursuant to Section 1-740.3 of this
title, until at least forty-eight (48) hours after the request for
written informed consent for the pending abortion has been delivered
in the manner specified in this subsection and the attending
physician has secured proof of identification and the written
informed consent of one parent.
1. The request for written informed consent of one parent shall
be addressed to the parent at the usual place of abode of the parent
and delivered personally to the parent by the physician or an agent.
2. In lieu of the delivery required by paragraph 1 of this
subsection, the request for written informed consent of one parent
shall be made by certified mail addressed to the parent at the usual
place of abode of the parent with return-receipt requested and
restricted delivery to the addressee, which means a postal employee
Oklahoma Statutes - Title 63. Public Health and Safety Page 365
can only deliver the mail to the authorized addressee. Time of
delivery shall be deemed to occur at 12 noon on the third day on
which regular mail delivery takes place, subsequent to mailing. The
information concerning the address of the parent shall be that which
a reasonable and prudent person, under similar circumstances, would
have relied upon as sufficient evidence that the parent resides at
that address.
3. a. The parent who provides consent shall provide to the
physician a copy of a government-issued proof of
identification and written documentation that
establishes that he or she is the lawful parent of the
pregnant female. The parent shall certify in a
signed, dated, notarized statement, initialed on each
page, that he or she consents to the abortion. The
signed, dated, and notarized statement shall include:
"I certify that I, (insert name of parent), am the
parent of (insert name of minor daughter) and give
consent for (insert name of physician) to perform an
abortion on my daughter. I understand that any person
who knowingly makes a fraudulent statement in this
regard commits a felony."
b. The physician shall keep a copy of the proof of
identification of the parent and the certified
statement in the medical file of the minor for five
am the
parent of (insert name of minor daughter) and give
consent for (insert name of physician) to perform an
abortion on my daughter. I understand that any person
who knowingly makes a fraudulent statement in this
regard commits a felony."
b. The physician shall keep a copy of the proof of
identification of the parent and the certified
statement in the medical file of the minor for five
(5) years past the majority of the minor, but in no
event less than seven (7) years.
c. A physician receiving parental consent under this
section shall execute for inclusion in the medical
record of the minor an affidavit stating: "I, (insert
name of physician), certify that according to my best
information and belief, a reasonable person under
similar circumstances would rely on the information
presented by both the minor and her parent as
sufficient evidence of identity."
C. No request for written informed consent of one parent shall
be required under this section if the attending physician certifies
in the medical records of the pregnant unemancipated minor that a
medical emergency exists; provided, however, that the attending
physician or an agent shall, within twenty-four (24) hours after
completion of the abortion, notify one of the parents of the minor
in the manner provided in this section that an emergency abortion
was performed on the minor and of the circumstances that warranted
invocation of this subsection.
D. The attending physician, or the agent of the physician,
shall verbally inform the parent of the minor within twenty-four
(24) hours after the performance of a medical emergency abortion or
an abortion that was performed to prevent her death that an abortion
Oklahoma Statutes - Title 63. Public Health and Safety Page 366
was performed on the unemancipated minor. The attending physician,
or the agent of the attending physician, shall also inform the
parent of the basis for the certification of the physician required
under subsection C of this section. The attending physician, or the
agent of the attending physician, shall also send a written notice
of the performed abortion via the United States Post Office to the
last-known address of the parent, restricted delivery, return
receipt requested. The information concerning the address of the
parent shall be that which a reasonable and prudent person, under
similar circumstances, would have relied upon as sufficient evidence
that the parent resides at that address.
E. The State Board of Health shall adopt the forms necessary
for physicians to obtain the certifications required by this
section.
Status: in_force · Read it on the official government site
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