(750 ILCS 70/25)
(Section scheduled to be repealed on June 1, 2022)
Procedure for judicial waiver of notice.
(a) The requirements and procedures under this Section are available to
minors and incompetent persons whether or not they are residents of this State.
(b) The minor or incompetent person may petition any circuit court for a
waiver of the notice requirement and may participate in proceedings on
her own behalf. The court shall appoint a guardian ad litem for her. Any
guardian ad litem appointed under this Act shall act to maintain the
confidentiality of the proceedings. The circuit court shall advise her that
she has a right to court-appointed counsel and shall provide her with counsel
upon her request.
(c) Court proceedings under this Section shall be confidential and shall
ensure the anonymity of the minor or incompetent person. All court proceedings
under this Section shall be sealed. The minor or incompetent person
shall have the right to file her petition in the circuit court using a
pseudonym or using solely her initials. All documents related to this petition
shall be confidential and shall not be made available to the public.
These proceedings shall be given precedence over other pending matters to the
extent necessary to ensure that the court reaches a decision promptly. The
court shall rule and issue written findings of fact and conclusions of law
within 48 hours of the time that the petition is filed, except that the
48-hour limitation may be extended at the request of the minor or incompetent
person. If the court fails to rule within the 48-hour period and an extension
is not requested, then the petition shall be deemed to have been granted, and
the notice requirement shall be waived.
(d) Notice shall be waived if the court finds by a preponderance of the
(1) that the minor or incompetent person is
sufficiently mature and well enough informed to decide intelligently whether to have an abortion, or
(2) that notification under Section 15 of this Act
would not be in the best interests of the minor or incompetent person.
(e) A court that conducts proceedings under this Section shall issue written
and specific factual findings and legal conclusions supporting its decision and
shall order that a confidential record of the evidence and the judge's findings
and conditions be maintained.
(f) An expedited confidential appeal shall be available, as the Supreme
Court provides by rule, to any minor or incompetent person to whom the circuit
court denies a waiver of notice. An order authorizing an abortion without
notice shall not be subject to appeal.
(g) The Supreme Court is respectfully requested to promulgate any rules and
regulations necessary to ensure that proceedings under this Act are handled in
an expeditious and confidential manner.
(h) No fees shall be required of any minor or incompetent person who avails
herself of the procedures provided by this Section.
(Source: P.A. 89-18, eff. 6-1-95. Repealed by P.A. 102-685, eff. 6-1-22.)