context: Keeping in mind that notice by regular mail, with the deemed delivery provision, serves the dual function of protecting those minors whose parents cannot be located and providing actual notice to a parent when a physician chooses this method of notification, we believe that the legislature appropriately stipulated a constructive delivery time that approximated -- or that, in all probability, was less than -- delivery time by regular mail. Thus, the constructive delivery provision, in conjunction with the waiting period, survives constitutional scrutiny.
citation_a.signal: see also
citation_a.identifier: 110 S.Ct. 2972, 2972
citation_a.parenthetical: upholding Ohio statute that permits a physician, who after a "reasonable effort" has been unable to notify a minor's parent in person or by telephone, to perform an abortion after forty-eight hours constructive notice by both ordinary and certified mail
citation_a.sentence: See Hodgson, — U.S. at -, 110 S.Ct. at 2926 (upholding Minnesota notice statute with an effective waiting period of seventy-two hours: a one day “deemed delivery” constructive notice period followed by a forty-eight hour waiting period); see also Akron II, — U.S. at -, 110 S.Ct. at 2972 (upholding Ohio statute that permits a physician, who after a “reasonable effort” has been unable to notify a minor’s parent in person or by telephone, to perform an abortion after forty-eight hours constructive notice by both ordinary and certified mail).
citation_b.signal: see
citation_b.identifier: 110 S.Ct. 2926, 2926
citation_b.parenthetical: upholding Minnesota notice statute with an effective waiting period of seventy-two hours: a one day "deemed delivery" constructive notice period followed by a forty-eight hour waiting period
citation_b.sentence: See Hodgson, — U.S. at -, 110 S.Ct. at 2926 (upholding Minnesota notice statute with an effective waiting period of seventy-two hours: a one day “deemed delivery” constructive notice period followed by a forty-eight hour waiting period); see also Akron II, — U.S. at -, 110 S.Ct. at 2972 (upholding Ohio statute that permits a physician, who after a “reasonable effort” has been unable to notify a minor’s parent in person or by telephone, to perform an abortion after forty-eight hours constructive notice by both ordinary and certified mail).