Under Art. 26, sterilization of a person may be performed in a State healthcare organization upon the written application of the person who has reached the age of 35 or has at least two children. In case there are “medical indications,” sterilization can be performed with the consent of the person if he or she is an adult, or a parent, guardian, etc., regardless of the age of the person or the number of existing children. Under Art. 27, women have the right independently to decide the issue of motherhood. A woman can terminate her pregnancy (abort) at a State healthcare organization, after consultation with a specialist doctor, if the term of pregnancy is no more than 12 weeks; if there are “social indications” listed in Resolution of the Council of Ministers of the Republic of Belarus No. 1580 dated 23 October 2008, a woman can terminate her pregnancy if the term of pregnancy is no more than 22 weeks. Pregnancy may be terminated regardless of the term of the pregnancy if there are “medical indications” and the pregnant woman consents to the termination. If the pregnant woman is a minor, abortion may be performed on the same conditions, however, the consent of her legal representative (parent/guardian) is required. Healthcare organizations must provide counselling for women who have applied for an abortion. A doctor may refuse to carry out an abortion if the refusal does not threaten the life or health of the woman and must make arrangements for another specialist doctor to perform the abortion.
Women and Justice: Keywords
Legislation
Code of Virginia: Jurisdiction; Consent for Abortion (Va. Code § 16.1–241(W))
This Virginia law provides the judges of the juvenile and domestic relations district court jurisdiction over petitions filed by a juvenile seeking judicial authorization for a physician to perform an abortion if a minor elects not to seek permission from an authorized person. This statute further specifies that after a hearing, a judge can issue an order authorizing a physician to perform an abortion, without the consent of any authorized person, if the judge finds that (i) the minor is mature enough and well enough informed to make her abortion decision, in consultation with her physician, independent of the wishes of any authorized person, or (ii) the minor is not mature enough or well enough informed to make such decision, but the desired abortion would be in her best interest.
Domestic Case Law
Texas prohibits pregnant unemancipated minors from obtaining abortions unless the physician performing the abortion gives at least 48 hours actual notice of the appointment, in person or by telephone, to the minor’s parent, managing conservator, or guardian. If the parent or guardian cannot be notified after a reasonable effort, the physician may perform the abortion after giving 48 hours constructive notice by certified mail to the guardian’s last known address. A minor may obtain an abortion without parental notification if the minor receives a court order authorizing the minor to consent (judicial bypass), or if the physician finds a medical emergency, certifies the medical emergency in writing to the Department of State Health Services, and notifies the parent of the medical emergency. If a physician intentionally performs an abortion without complying with this code, the offense is punishable by a maximum fine of $10,000.
Attorney General of Belize v. Matus Supreme Court of Belize (2017)
The Attorney-General of Belize brought a claim under Belize’s Civil Procedure Rules to declare the marriage between the respondent and a 16-year-old minor null and void under the Marriage Act because it was executed without the consent of the child’s father. Section 5 of the Marriage Act requires the consent of both parents before a minor can marry. The court granted the respondent’s application to dismiss the claim because the Attorney-General should have commenced the action by petition under the Matrimonial Causes Rules.