A Florida court rules that a 16-year-old child without parents is not mature enough to have an abortion.
An appeals court on Monday upheld a Florida circuit judge’s decision to restrain a parent from having an abortion that she was not mature enough to terminate the pregnancy.
The juvenile described as 16 by the appellate judge sought the court’s approval to circumvent the state’s notification and consent requirements.
Escambia County Circuit Judge Jennifer Fredericowicz denied the bypass request and a three-judge panel of the First District Court of Appeals upheld that decision.
The court found that the juvenile had not established from clear and convincing evidence that she was mature enough to decide whether or not to terminate the pregnancy a decision shared only by Judges Harvey Jay and Rachel Nord by. and partly joined by Judge Scott Makar.
Makar couldn’t help contradicting a piece of the choice composing that the requests court ought to allude the case back to the circuit judge for the chance of additional thought.
The trial judge dismissed the petition but categorically left open the availability of further proceedings saying that the court found that the minor may have been able to adequately explain his request at a later date and that the court at that time May reevaluate her decision when Makar wrote.
Yet Jay and Nordby reasoned that sending the case back to the circuit judge was not justified.
The trial court’s orders and findings are neither ambiguous nor lacking in the statute they set out in the main judgment to require our remand to conduct our review.
Not a parent with an appointed guardian. The main decision did not provide many details of the case but Makar wrote that only the teen identified as Jane Doe 22-B lives with a relative without parents and has an appointed guardian.
Makar wrote that she is doing a GED as well as joining a program designed to provide educational support and counseling to young women. The minor experienced the death of a friend shortly before she decided to terminate the pregnancy.
The teenager said in the court’s plea that she was mature enough to make a decision about abortion and was unwilling to give the child a job and that the father was unable.
But Makar wrote that Kishor did not unnecessarily seek representation from a lawyer which would have been free. He was accompanied by a case worker and a Parent Aid-Limited Child Advocate Manager during the hearing before a circuit judge that he wrote to.
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Based on the high standard of appellate review I confirm the factual findings of the trial court as well as its decision to dismiss the petition without prejudice to the minor.
In 2004 Florida voters approved a constitutional amendment that cleared the way for the state legislature to pass a law requiring that parents or guardians be notified before abortion of minors. In 2020 lawmakers linked this to the consent requirement.
This issue has long been controversial. Proponents of the requirements say that minors are not mature enough to make abortion decisions.
In January a panel of the First District Court of Appeals upheld a Lyon County circuit judge’s ruling that a minor must be required to obtain parental consent before an abortion can occur.