(concurring) — I reach the same result as the majority opinion regarding the constitutional infirmities of the present statute. However, I am impelled to comment separately on several aspects of this case.
First, a review of the circumstances that brought this case before this court: The Juvenile Court had jurisdiction of the minor because she had previously been made a ward of the court pursuant to RCW 13.04. The minor petitioned for an order to allow an abortion without parental consent and, after a hearing, the Juvenile Court determined that an abortion would be in her best interests and entered an *915order accordingly. However, the order entered by the Juvenile Court permitting the abortion was subsequently stayed by the Chief Justice pending review by this court. A hearing on the stay order was scheduled to take place promptly in a matter of days. Perhaps because of concern for the length of time that could be consumed by the appellate process, but probably because of other personal reasons or convictions, defendant Dr. Koome performed the abortion before this court could hold a hearing to review the stay order of the Chief Justice and the order of the Juvenile Court.
Thus, but for the Chief Justice’s stay order, the abortion would have been legal and this case would not be here. Moreover, the facts strongly indicate that the denial of parental consent essentially was for punitive and irrational reasons. Thus, if this court had heard the matter, it is highly dubious that we could have found a manifest abuse of discretion by the Juvenile Court and that we would have overturned its decision consenting to the abortion.
Consequently, the result reached by the majority is consistent with what would have occurred if this court had not originally entertained the matter via issuance of the stay order. If appellate courts are to review such cases, it is imperative that the procedure must be a viable and expeditious one to ensure that a final appellate decision will be rendered before the right to an abortion becomes a practical impossibility. Minors cannot be deprived of such rights without a meaningful opportunity to be heard. Cf. Armstrong v. Manzo, 380 U.S. 545, 14 L. Ed. 2d 62, 85 S. Ct. 1187 (1965).
Second, the precise effect of the court’s holding in this case is to declare unconstitutional only that part of RCW 9.02.070 (a) which requires parental consent prior to terminating a pregnancy of an unmarried female under the age of 18 years. RCW 9.02.070 (b), which requires residency by the female for 90 days prior to termination of the pregnancy, and RCW 9.02.070(c), which requires that the abor*916tion be performed only in a hospital accredited by the Joint Commission on Accreditation of Hospitals or at a medical facility approved by the State Board of Health, are not affected by the court’s decision.
Next, the majority suggests that a statute could be drafted that could withstand constitutional attack. I agree and think that this aspect of the case deserves some further elaboration. The validity of such legislation would depend, I think, upon two factors: (1) the nature of the reasons asserted for preventing an abortion; and (2) the procedural protections afforded to minors.
Considering the principles of constitutional law emphasized in the majority opinion, it now seems rather clear that only certain narrowly defined reasons can be asserted to justify restricting a minor’s right of privacy concerning an abortion. The asserted reasons or justification for preventing an abortion must be sound and rational and be convincingly in the best interests of the minor. Elaborating further in this regard, it appears to me there could be two such reasons: (1) the existence of a physical ailment making an abortion more dangerous than childbirth; or (2) a greater probability of serious emotional instability resulting to the particular minor from an abortion than from childbirth.
To withstand constitutional attack, it would also be necessary in my judgment that future legislation contain procedural provisions, not unduly burdensome upon the minor, to assure that an abortion is to be prevented only for the above described legitimate reasons.
The present statute is fatally deficient in failing to provide such assurances. In a few isolated situations, a minor may be able to petition the juvenile court and be declared a ward of the court pursuant to RCW 13.04 if she believes that her parents are unreasonably and unlawfully withholding consent to an abortion. The juvenile court could, •under appropriate circumstances, then consent to an abortion. But there is little or no assurance that the jurisdiction *917of the juvenile court could be so invoked in all or even most cases in which parents would unjustifiably refuse to consent to an abortion. When the jurisdiction of the juvenile court cannot be invoked, there remains no expeditious and viable means of redress for a minor.
What is needed is a procedure which assures access to the judicial system for a determination of whether legally justifiable reasons exist to prevent a minor from having an abortion. Whatever process is devised, it should not be so cumbersome and onerous as to preclude the minor — for pecuniary or other reasons — from having access to that process.
One viable possibility, not unreasonably onerous to the minor but still compatible with the accomplishment of legitimate state interests, would be to require each physician who is requested to perform an abortion upon a minor to promptly notify the juvenile court- and the parents or guardian of the minor. Then an opportunity could be afforded by law for the parents to petition the juvenile court for a hearing. If they assume the burden of proof and demonstrate either (1) that the minor suffers from a physical ailment that makes an abortion more dangerous than childbirth, or (2) that serious emotional instability would more likely be caused by the abortion than by childbirth, then I believe a state statute could legitimately prevent the abortion.
The procedure suggested would constitute a reasonable balancing of interests and would meet what I perceive to be a constitutional requirement, as I read Roe v. Wade, 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705 (1973), and Doe v. Bolton, 410 U.S. 179, 35 L. Ed. 2d 201, 93 S. Ct. 739 (1973), that state legislation ensure that only legitimate state interests may be employed to prevent an abortion.
Since the present statute does not provide the indicated assurances, I concur with the majority.