Aid For Women of Kansas City, minors and abortion

Un-Emancipated Minors

An un-emancipated minor is
1) a person under 18 years of age (normal definition); and,
2) not previously married (because marriage under age of 18 requires parental signature and emancipates the minor); and,
3) not in the Armed Services (because entering the Armed Services under the age of 18 years of age requires parental signature which emancipates the minor); and finally,
4) not previously emancipated by court proceedings initiated by your parents or the State.

We are legally required to inform your parents (or guardian) of your intention to get an abortion. This can be satisfied by one of two ways.

The first, most direct and quick way is for you to TELL your parent(s) or legal guardian (court guardianship paperwork required) about your intention to get an abortion and then get them to SIGN and HAVE NOTARIZED the Parental Notarization Form acknowledging that you might get an abortion. They obviously will know about the abortion by then. This is not always the end-of-the-world; your parents will probably understand. You would be surprised at how many moms have had an abortion. Remember, your parents have had sex before you were born, and yes, they may have had sex before they met your other parent and had an unintended pregnancy and gotten an abortion. Abortions have been legal federally (all states) since 1973, and in some states like Kansas and New York that legalized sooner, since 1970. Parents just don't talk about such things because it's taboo. Give your parents a chance, but if not, try the other options.

Or, secondly, we can do a Judicial Waiver to Parental Notification. This is an option when you DO NOT want to involve your parent(s) or guardian(s). This is an option that many minors choose because of real fears of violent physical punishment, being disowned by your family, boyfriend getting physically hurt by the parents, boyfriend is psycho, you do not live with your parents, or other reasons. A Judicial Waiver does not cost you any extra money. We will connect you with an free attorney. The abortion will still cost you. The Courts have 48 hours to get you processed once their paperwork is started. Step One consists of getting your sonogram done with us and getting your Minor Counseling done (sonogram fees and Counseling fees expected at time of service). Next we will give you a copy of your signed Counseling Form that you must give to your attorney, and copies of the Wyandotte County Court forms for a Judicial Waiver, phone number to your nice female attorney for the Judicial Waiver, and directions to the Wyandotte County Juvenile Courthouse (812 N. 7th St.). Your attorney will set up the appointment with your administrative judge (not criminal judge) who deals with minors and family matters for sometime in the next couple of days. The judge will ask questions to ascertain (figure out) your level of responsibility and maturity with respect to getting an abortion without involving your parents. Don't worry about the judge, be confident and polite. The judge is nice too. You do not need to lie to the judge. The judge will grant your Waiver as long as he does not hear frivolous silly answers. We need a copy of that Waiver the judge signs to do your abortion. Getting out of school to come here for counseling and sono, or for the court date will be your responsibility. We can write a medical excuse for the counseling and sono date, and the abortion date, but not for the court date.

Other Requirements

- Photo identification (name & face, and hopefully a date-of-birth) and not bogus looking. State ID is the preferred identification method (requires a birth certificate and Social Security card at any Department of Revenue licensing Bureau). A recent school yearbook will work if there is no school ID. The yearbook must somehow specify the age of the minor.

- Your Birth Certificate or Guardianship court documents if either Parental Notification or Certified Letter of Notification are used. Guardianship is a court thing. Just living with your relatives does not count as official guardianship.

- Someone 21 years of age or older who doesn't work for us MUST accompany you during your "Minor Counseling" which is required in all cases. We will copy their photo ID. They do not have to be related to you.

Laws Regarding Minors

Although some of these laws are listed eldsewhere, for the sake of overview, all laws that we know of regarding minors or the practice of medicine and minors are listed here.

Kansas Statutes Annotated

21-3501	Definition for sex offenses.
21-3502	Definition of rape.
21-3503	Indecent liberties with a child.
21-3504	Aggravated indecent liberties with a child.
21-3505	Criminal sodomy.
21-3506	Aggravated criminal sodomy.
21-3508	Lewd and lascivious behaviour.
21-3510	Indecent solicitation of a child.
21-3511	Aggravated indecent solicitation of a child.
21-3516	Sexual exploitation of a child.
21-3518	Aggravated sexual battery.
21-3522	Unlawful voluntary sexual relations.
21-3602	Incest.
21-4716	Sentencing guidelines regarding sexual crimes, mitigating and aggravating factors.
38-108	Court's right to confer rights of majority to minor; In general and not about abortion.
38-109	How minor obtains rights of majority; In general and not about abortion.
38-110	Court costs go to minor; In general and not about abortion.
38-123	Consent for medical care of unmarried pregnant minor.
38-123a	Donation of blood by persons 16yo or older.
38-123b	Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
38-2201	Liberal interpretation of the Code for Care of Children.
38-2202	Definition of a Child in Need of Care, sexually abused (a)(3).
38-2217	Health service for Child in Need of Care.
38-2223	Duty of a physician to report sexual abuse when found.
38-2282	If you don't want your newborn, leave the unharmed baby with fire department, health department or medical facility within 45 days of birth. No questions. More info.
60-523	Limitations on actions for recovery of damages suffered as a result of childhood sexual abuse.
59-3067	How to get guardianship for a minor, and what I expect to see from your attorney. A Power of Attorney over the child will not suffice, nor will an Affidavit of Guardianship drummed up by some attorneys suffice.
60-3102	Definition of domestic abuse within 60-3102.
65-67a09	Child rape protection act. We are required to submit DNA evidene from the abortion tissue on patients under 14yo so that the State may reverse DNA identify who the fathers are and catalogue them.
65-6704	Abortion counseling for Minors.
65-6705	Abortion parental notification and exceptions, like the Judicial Bypass.
65-6709	24-hour notification abortion delay, a.k.a. Woman's-right-to-know act. Stupid. Made more difficult 7-1-09.
65-6710	State-printed proLife material to help change your mind against abortion to be made available to patient. Made more difficult 7-1-09.
65-6711	Exception to 24-hour requirement if life or health of mother is in jeopardy.
65-6712	Physician punishment if 24-hour requirements are not met. (Drawn and quartered.)
65-6713	More 24-hour requirements. Physician immunity.
65-6721	D&X abortion prohibition with the legally required Constitutional exception.
76-3308	Kansas University Medical Center and affiliated services cannot do abortions or else get defunded (no KS $).
21-3106	Time limitations for commencement of prosecutions. (Rape)

    Time limitations for commencement of prosecutions. (Rape)
    Definition for sex offences.
    Definition of rape.
    Indecent liberties with a child.
    Aggravated indecent liberties with a child.
    Criminal sodomy.
    Aggravated criminal sodomy.
    Lewd and lascivious behaviour.
    Indecent solicitation of a child.
    Aggravated indecent solicitation of a child.
    Sexual exploitation of a child.
    Aggravated sexual battery.
    Unlawful voluntary sexual relations.
    Incest.
    Sentencing guidelines, mitigating and aggravating factors.
    Consent for medical care of unmarried pregnant minor.
    Donation of blood by persons 16yo or older.
    Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
    Definition of a child in need, sexually abused (a)(3).
    Duty of a physician to report sexual abuse.
    If you don't want your baby, leave the unharmed baby with fire department, health department or medical facility.
    Time limitation when suing for for childhood sexual abuse.
    Definition of abuse, sexual abuse at home (c)(1) and (c)(2).
    Physician can treat minor for venereal disease without parental consent.
    Abortion for minors, the rules.
    Notice to minor's parents and exceptions when getting an abortion.

minor.php, April 2012