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In re Doe 10

Because the trial court failed to comply with the mandatory requirements of Texas Family Code Chapter 33, the applicant was denied a "timely and complete judgment" and the application is deemed granted.

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Justice Rodriguez delivered the opinion of the Court, in which Chief Justice Phillips, Justice Enoch, Justice Owen, Justice Baker, Justice Hankinson, Justice O’Neill and Justice Jefferson joined.

Justice Hecht filed an opinion concurring in the judgment.

Jane Doe is a pregnant, unemancipated *fn1 minor who wishes to have an abortion. Under the Texas Family Code, a physician may not perform an abortion on an unemancipated minor unless the physician gives forty-eight hours notice to one of her parents, her managing conservator, or her guardian. See Tex. Fam. Code � 33.002(a) (Supp. 2002). However, section 33.003 of the Family Code allows a pregnant minor who wishes to have an abortion without notifying one of her parents, her managing conservator, or her guardian to file an application for a court order authorizing the performance of an abortion without notification. See id. � 33.003(a) (Supp. 2002). There are three bases on which a trial court may grant the minor’s application: (1) if the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification; (2) if notification would not be in the best interest of the minor; or (3) if notification may lead to physical, sexual, or emotional abuse of the minor. See id. � 33.003(i) (Supp. 2002). Doe’s application to the trial court asserted that all three grounds were present.

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