In Re Doe 10

in which Chief Justice PHILLIPS, Justice ENOCH, Justice OWEN, Justice BAKER, Justice HANKINSON, Justice O’NEILL and Justice JEFFERSON joined.

Jane Doe is a pregnant, unemanci-pated 1 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…