110 CMR 11.07 - Abortion

(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.

Notes

110 CMR 11.07

Amended by Mass Register Issue 1475, eff. 8/5/2022.