 Texas LawThe Texas
“Woman’s Right to Know Act” (effective January
1, 2004) requires that all women seeking
abortion services wait at least 24 hours after
- listening to the physician performing
the abortion or referring physician tell
them about abortion and;
- being given the opportunity to view
specific materials developed by the Texas
Department of Health.
For the convenience of our patients, we have
provided our physician’s messages on our phone
lines, so it is not necessary to come to our
facility for two visits.
This information may be accessed by calling our
facility. During business hours we can transfer
callers to the information. After hours, the
information is available from our answering
system. This part of the law is mandatory, not
optional.
However, the second part of the law is optional.
The patient may choose to decline the
opportunity to view the TDH materials, but if
she chooses to view them, she must do so at
least 24 hours prior to her abortion. These
brochures are available at our facility or
patients may view them online at
www.dshs.state.tx.us./wrtk.
Therefore, a patient may meet all of the 24-hour
requirements prior to coming to our facility and
we can take care of her in one visit.
The law also requires us to obtain from each
abortion patient a copy of a CURRENT, GOVERNMENT
ISSUED PHOTO ID SHOWING HER DATE OF BIRTH.
Please bring your current driver’s license with
you to your appointment. If you do not have a
current driver’s license, please contact our
healthcare team for instructions.
Additional Laws for Minor Patients
(under 18 years of age)
Currently, there are two laws regarding
minors seeking abortion.
One law requires our facility to notify a parent
or legal guardian of a minor patient’s intent to
have an abortion 48 hours prior to performing
the abortion. If a parent or legal guardian does
not accompany the minor patient, our healthcare
team is required to contact a parent by
telephone and follow-up the call with a
certified letter to the parent. If the parent or
legal guardian wishes to waive the 48-hour
notification and waiting period and allow the
minor child to have an abortion in less than the
required 48 hours, the parent may sign an
affidavit waiving that waiting period and allow
the minor patient to have an abortion the day of
her visit.
The other law regarding minors seeking abortion
requires consent for the minor’s abortion from a
parent or legal guardian. This law requires that
a parent or legal guardian accompany the minor
patient to her appointment for the abortion and
give an informed consent for the abortion
procedure for the minor daughter.
If a minor feels that she cannot meet the
requirements of either or both of these laws,
she may go to the District Clerk of any County
Court House and ask for assistance in obtaining
a “Judicial Bypass,” which is permission from a
Judge for a minor to have an abortion without
involving a parent. An attorney will be
appointed to represent her at no cost to the
minor.
If you need further assistance with
information to comply with these laws, please
contact our healthcare team by phone or you may
contact an organization that provides
information to minor patients, Jane’s Due
Process at www.janesdueprocess.org or call
toll-free 1-866-999-5263.
For your convenience, we have notary publics
at our facility to assist you should you require
Affidavits.
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