The law also states that the court may appoint a guardian ad litem for the interests of the “unborn child.” The guardian ad litem shall assist the court in deciding whether or not to provide a waiver to the minor. The court must notify the district attorney that the minor has petitioned for a consent waiver and that the district attorney may participate in the proceedings as an advocate for the state, and may examine and question the minor in order to help the court make its decision as to whether to provide a waiver. She also must provide evidence that she has been counseled about alternatives to abortion and that she is mature enough to make informed decisions. The minor must provide evidence that that she has been informed and understands the abortion procedure and its consequences. The law states that if the physician does not receive proof of parentage or legal guardianship within 90 days after the abortion, the physician must report the failure to the State of Alabama Department of Public Health on a form provided by the department.Ī minor who does not or cannot obtain parental consent can petition the court for judicial waiver which will allow the minor to bypass the parental consent requirements. In cases of medical emergency, however, the abortion can go forward without providing a certified birth certificate in advance, but proof of parentage or legal guardianship is required as soon as possible after the abortion. HB 494 also requires the parent or legal guardian to provide evidence of parentage or legal guardianship: Parents are required to present a certified birth certificate and a legal guardian or adoptive parent is required to obtain a court order naming the legal guardian or adoptive parent as such. Under HB 494, a parent is now required to sign the consent form in the presence of the physician. A parent or legal guardian would sign a consent form, and the minor would verify that the signature was authentic. Prior to the enactment of HB 494, the law required minors under the age of 18 to obtain parental consent. The law also permits the minor’s parents to participate in the proceedings if they find out about them, although the court is not permitted to make the parents aware of the proceedings. In addition, the court may appoint a lawyer for the fetus so that the fetus’s interests will be represented at the court proceedings. In particular, the law requires a court ruling on a minor’s petition for a consent waiver to inform the district attorney so that the district attorney may participate in the court proceedings. HB 494 tightens regulations regarding parental consent to abortion.