§ 23-4.8-3 - Exceptions.
SECTION 23-4.8-3
§ 23-4.8-3 Exceptions. – The requirements of § 23-4.8-2 shall not apply if:
(1) The woman having the abortion furnishes to the physicianwho is to perform the abortion or the physician's authorized agent prior to theabortion being performed a written statement that she has given notice to herhusband of the proposed abortion or a written statement that the fetus was notfathered by her husband;
(2) The woman and her husband are living separate and apartor either spouse has filed a petition or complaint for divorce in a court ofcompetent jurisdiction;
(3) The physician who is to perform the abortion or his orher authorized agent receives the written affirmation of the husband that hehas been notified of the proposed abortion; or
(4) There is an emergency requiring immediate action. In thecase of an emergency, the woman's attending physician shall certify in writingon the patient's medical record that an emergency exists and the medical basisfor his or her opinion.