Texas Family Code 33.003 Interpretation
The Legislature has set forth three bases on which a trial court can authorize a minor to consent to an abortion without notification of either of her parents or her guardian.
One of these is if the court determines by a preponderance of the evidence that notification would not be in the best interest of the minor. See id. 33.003(i).
In In re Jane Doe, 19 S.W.3d 249, (Tex. 2000), the Court held that a determination under section 33.003(i) of whether a minor is "mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents" is reviewed for legal and factual sufficiency. TEX. FAM. CODE 33.003(i).
A trial court's determination of whether notification may lead to physical or emotional abuse of the minor primarily involves fact finding and is therefore similar to a determination of "mature and sufficiently well informed."
Accordingly, a determination of whether notification may lead to physical, sexual, or emotional abuse of the minor is reviewed for legal and factual sufficiency. In re Jane Doe, 19 S.W.3d 278, (Tex. 2000).