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Doneen Hollingsworth, Secretary of Health
South Dakota Department of Health

Parental Notification Requirements

SDCL 34-23A-7 requires 48-hour notice to a parent or guardian before an abortion may be performed upon an unemancipated minor. In the alternative to giving the notice to her parent or guardian, a pregnant minor may petition a judge of a circuit court for an order authorizing a physician to perform an abortion. The judge is to grant the order if he determines that the pregnant minor is mature and capable of giving informed consent or if he determines that the non-mature minor's best interests would be served by performance of an abortion without notice to her parent or guardian.

Physicians are required to complete and submit to the Department of Health the Parental Notice Form indicating such notification has been provided for all applicable abortions.

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