PA · rules
Westmoreland Cnty. C.P. Orphans' Rules RULE WO 16.11
CONSENT TO AN ABORTION ON BEHALF OF AN INCAPACITATED PERSON
(a) Whenever a person seeks judicial consent to an abortion on behalf of an alleged incapacitated person, a petition for guardianship of the pregnant woman shall be filed either before an application is filed or simultaneously therewith.
(b) A petition for guardianship or consolidated petition for guardianship and application, filed on behalf of an incapacitated pregnant woman, by a petitioner seeking authority to consent to an abortion on behalf of the pregnant woman, shall maintain the anonymity of the pregnant woman, and confidentiality shall be maintained as set forth in Rule WO16.2. If a petition for guardianship alleges that the alleged incapacitated person is in need of a guardian for the purpose of authorizing the guardian to consent to an abortion that would be in the best interests of the incapacitated person, the petition for guardianship shall contain all of the information required by Chapter 55 of the Probate, Estates & Fiduciaries Code and by the abortion sections of these rules.
(c) The court will conduct proceedings to determine the capacity of the pregnant woman in the same manner as provided for in Chapter 55 of the Probate, Estates & Fiduciaries Code, and will render a decision on the incapacity of the pregnant woman before proceeding to rule on the application.
(d) The standard for granting authority to a guardian to consent to an abortion shall be whether or not the procedure would be in the best interests of the incapacitated person.
(e) The statutory requirement that a decision by the court upon an application shall be rendered within three (3) business days of filing of the application shall apply to filing of the application and not to a prerequisite Petition for Guardianship, unless the two (2) petitions are consolidated.
CROSS REFERENCES: See Pa. O.C. Rule 16.1.
Pursuant to the Abortion Control Act, 18 Pa.C.S. § 3206(f)(4), decision upon an Application must be rendered within three (3) business days of the filing of the Application.
In regard to paragraph (d), the rule is in accordance with the Abortion Control Act, 18 Pa.C.S. § 3206(d).
Adopted February 1, 1996, effective May 1, 1996. Rule WO203 renumbered April 6, 2017, effective May 29, 2017.
Provenance
- Source
- www.westmorelandcountypa.gov
- Retrieved
- 2026-09-30
- Edition
- 2026-09-30
- Content hash
e40af5318bb3e73911edc9ffee2313de92075889e2477765cefe4349944914d4
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