Okla. Stat. tit. 63, § 63-1-740.3
This is the official text of Okla. Stat. tit. 63, § 63-1-740.3, 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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Judicial authorization prior to abortion - Court
Official statutory text
proceedings - Confidentiality - Appeal.
A. If a pregnant unemancipated minor elects not to allow the
request for written informed consent of her parent, any judge of a
district court in the county in which the pregnant unemancipated
minor resides shall, upon petition or motion, and after an
appropriate hearing, authorize a physician to perform the abortion
if the judge determines, by clear and convincing evidence, that the
pregnant unemancipated minor is mature and capable of giving
informed consent to the proposed abortion based upon her experience
level, perspective, and judgment. If the judge determines that the
pregnant unemancipated minor is not mature, or if the pregnant
unemancipated minor does not claim to be mature, the judge shall
determine, by clear and convincing evidence, whether the performance
of an abortion upon her without written informed consent of her
parent would be in her best interest and shall authorize a physician
to perform the abortion without written informed consent if the
judge concludes that the best interests of the pregnant
unemancipated minor would be served thereby.
In assessing the experience level of the pregnant unemancipated
minor, the court may consider, among other relevant factors, the age
of the pregnant unemancipated minor and experiences working outside
the home, living away from home, traveling on her own, handling
personal finances, and making other significant decisions. In
assessing the perspective of the pregnant unemancipated minor, the
court may consider, among other relevant factors, what steps the
pregnant unemancipated minor took to explore her options and the
extent to which she considered and weighed the potential
consequences of each option. In assessing the judgment of the
pregnant unemancipated minor, the court may consider, among other
relevant factors, the conduct of the pregnant unemancipated minor
since learning of her pregnancy and her intellectual ability to
understand her options and to make an informed decision. In
assessing whether, by clear and convincing evidence, obtaining the
written informed consent of the parent of the pregnant unemancipated
minor is not in her best interest, a court may not consider the
potential financial impact on the pregnant unemancipated minor or
the family of the pregnant unemancipated minor if she does not have
an abortion.
Oklahoma Statutes - Title 63. Public Health and Safety Page 368
B. A pregnant unemancipated minor may participate in
proceedings in the court on her own behalf, and the court may
appoint a guardian ad litem for her. The court shall advise the
pregnant unemancipated minor that she has a right to court-appointed
counsel and, upon her request, shall provide her with counsel.
C. Proceedings in the court under this section shall be
confidential and shall be given precedence over other pending
matters so that the court may reach a decision promptly and without
delay so as to serve the best interests of the pregnant
unemancipated minor. A judge of the court who conducts proceedings
under this section shall make, in writing, specific factual findings
and legal conclusions supporting the decision and shall order a
record of the evidence to be maintained, including the findings and
conclusions of the court.
D. An expedited confidential appeal shall be available to any
pregnant unemancipated minor for whom the court denies an order
authorizing an abortion without written informed consent of one
parent. An order authorizing an abortion without written informed
consent of one parent shall not be subject to appeal. No filing
fees shall be required of any pregnant unemancipated minor at either
the trial or the appellate level. Access to the trial court for the
purpose of a petition or motion, and access to the appellate courts
for the purpose of making an appeal from the denial of same, shall
be afforded a pregnant unemancipated minor twenty-four (24) hours a
of one parent shall not be subject to appeal. No filing
fees shall be required of any pregnant unemancipated minor at either
the trial or the appellate level. Access to the trial court for the
purpose of a petition or motion, and access to the appellate courts
for the purpose of making an appeal from the denial of same, shall
be afforded a pregnant unemancipated minor twenty-four (24) hours a
day, seven (7) days a week.
A. If a pregnant unemancipated minor elects not to allow the
request for written informed consent of her parent, any judge of a
district court in the county in which the pregnant unemancipated
minor resides shall, upon petition or motion, and after an
appropriate hearing, authorize a physician to perform the abortion
if the judge determines, by clear and convincing evidence, that the
pregnant unemancipated minor is mature and capable of giving
informed consent to the proposed abortion based upon her experience
level, perspective, and judgment. If the judge determines that the
pregnant unemancipated minor is not mature, or if the pregnant
unemancipated minor does not claim to be mature, the judge shall
determine, by clear and convincing evidence, whether the performance
of an abortion upon her without written informed consent of her
parent would be in her best interest and shall authorize a physician
to perform the abortion without written informed consent if the
judge concludes that the best interests of the pregnant
unemancipated minor would be served thereby.
In assessing the experience level of the pregnant unemancipated
minor, the court may consider, among other relevant factors, the age
of the pregnant unemancipated minor and experiences working outside
the home, living away from home, traveling on her own, handling
personal finances, and making other significant decisions. In
assessing the perspective of the pregnant unemancipated minor, the
court may consider, among other relevant factors, what steps the
pregnant unemancipated minor took to explore her options and the
extent to which she considered and weighed the potential
consequences of each option. In assessing the judgment of the
pregnant unemancipated minor, the court may consider, among other
relevant factors, the conduct of the pregnant unemancipated minor
since learning of her pregnancy and her intellectual ability to
understand her options and to make an informed decision. In
assessing whether, by clear and convincing evidence, obtaining the
written informed consent of the parent of the pregnant unemancipated
minor is not in her best interest, a court may not consider the
potential financial impact on the pregnant unemancipated minor or
the family of the pregnant unemancipated minor if she does not have
an abortion.
Oklahoma Statutes - Title 63. Public Health and Safety Page 368
B. A pregnant unemancipated minor may participate in
proceedings in the court on her own behalf, and the court may
appoint a guardian ad litem for her. The court shall advise the
pregnant unemancipated minor that she has a right to court-appointed
counsel and, upon her request, shall provide her with counsel.
C. Proceedings in the court under this section shall be
confidential and shall be given precedence over other pending
matters so that the court may reach a decision promptly and without
delay so as to serve the best interests of the pregnant
unemancipated minor. A judge of the court who conducts proceedings
under this section shall make, in writing, specific factual findings
and legal conclusions supporting the decision and shall order a
record of the evidence to be maintained, including the findings and
conclusions of the court.
D. An expedited confidential appeal shall be available to any
pregnant unemancipated minor for whom the court denies an order
authorizing an abortion without written informed consent of one
parent. An order authorizing an abortion without written informed
consent of one parent shall not be subject to appeal. No filing
fees shall be required of any pregnant unemancipated minor at either
the trial or the appellate level. Access to the trial court for the
purpose of a petition or motion, and access to the appellate courts
for the purpose of making an appeal from the denial of same, shall
be afforded a pregnant unemancipated minor twenty-four (24) hours a
of one parent shall not be subject to appeal. No filing
fees shall be required of any pregnant unemancipated minor at either
the trial or the appellate level. Access to the trial court for the
purpose of a petition or motion, and access to the appellate courts
for the purpose of making an appeal from the denial of same, shall
be afforded a pregnant unemancipated minor twenty-four (24) hours a
day, seven (7) days a week.
Status: in_force · Read it on the official government site
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