Texas Attorney General Opinion: MW-346 Page: 1 of 6
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The Attorney General of Texas
May 29, 1981MARK WHITE
Attorney General
Supreme Court Building
P.O. Box 12548
Austin, TX. 78711
512/475-2501
1607 Main St., Suite 1400
Dallas. TX. 75201
214/742-8944
4824 Alberta Ave.. Suite 160
El Paso, TX. 79905
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002
713/650-066
806 Broadway, Suite 312
Lubbock, TX. 79401
80t/747-5238
4309 N. Tenth. Suite 8
McAllen, TX. 7so01
512/682-4547
200 Main Plaza, Suite 400
San Antonio. TX. 78205
512/2254191
An Equal Opportunity/
Affirmative Action EmployerHonorable Oscar H. Mauzy
Chairman
Committee on Jurisprudence
Texas State Senate
Austin, Texas 78711Opinion No. MW-346
Re: Constitutionality of provisions
regulating abortionDear Senator Mauzy:
You have requested our opinion regarding the constitutionality of
House Bill 578, presently pending before the 67th Legislature. The bill
would add section 35.06 to the Family Code, as follows, in pertinent part:
Section 35.06. CONSENT FOR ABORTION. (a)
Except as provided by Section 35.03(a)(2) of this code,
and in cases of incest, a physician may not perform
an abortion upon a pregnant child unless the physician
has received written consent for the abortion from:
(1) the child upon whom the abortion is to be
performed; and
(2) either the person or persons authorized to
consent under Subsection (b) of this section or the
judge of a court having probate jurisdiction in the
county in which the child resides.
(b) If the judge of a court having probate
jurisdiction in the county of the child's residence does
not consent to the abortion under Subsection (f) of
this section or if no application for a judge's consent
is filed, the following person or persons must consent
to the abortion under Subsection (a)(2) of this section:
(1) the parent of the child, if the child has only
one parent and if no managing conservator, guardian
of the person of the child, or other custodian for the
child has been appointed;
(2) one parent of the child, if the parent-child
relationship exists between the child and both
parents, if no managing conservator, guardian of the
person of the child, or custodian for the child has
been appointed, and if one parent is not available
within a reasonable time to consent;p. 1143
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-346, text, May 29, 1981; (https://texashistory.unt.edu/ark:/67531/metapth272191/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.