Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 11.00 - Medical Authorizations
Section 11.07 - Abortion
Universal Citation: 110 MA Code of Regs 110.11
Current through Register 1531, September 27, 2024
(1) Consent for Children in Care or Custody of Department.
(a)
Department staff shall not consent to an abortion for any child in its care or
custody.
(b) A minor, regardless of
age, who is married, widowed, or divorced at the time an abortion is sought,
who is pregnant, and who is in the care or custody of the Department, may
consent to an abortion without seeking consent from the minor's parent(s) or
guardian(s). See M.G.L. c. 112, §§ 12F and
12R.
(c) A minor 16 years of age or
older, who is pregnant, and who is in the care or custody of the Department,
may consent to an abortion without seeking consent from the minor's parent(s)
or guardian(s). See M.G.L. c. 112, § 12R.
(d) A minor younger than 16 years old, who is
not married, widowed, or divorced at the time such care is sought, who is
pregnant and who is in the care or custody of the Department, must obtain the
consent of one of the minor's parents, or guardians to authorize an abortion,
pursuant to M.G.L. c. 112, § 12R, except as provided hereinafter.
1. If the minor elects not to seek the
consent of their parent or guardian, or if the minor's parents or guardians
refuse to consent to the performance of an abortion, the minor must seek
authorization for an abortion from a judge of the Superior Court, pursuant to
M.G.L. c. 112, § 12R.
2. As
needed, the Department shall provide the minor with information and resources
on how to file a petition or motion for judicial authorization of an abortion.
However, the Department shall not represent pregnant minors in any such
petition or motion.
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