A Florida judge has dismissed a 16-year-request old’s for an abortion waiver on the grounds that she is not “mature” enough to obtain an abortion.
The minor, named only as Jane Doe 22-B, petitioned the Escambia County court for permission to undergo an abortion without the written agreement of a parent or guardian. The waiver was denied by Circuit Court Judge Jennifer J. Frydrychowicz.
The youngster subsequently filed an appeal, but three judges in the First District Court of Appeal decided that she did not show “clear and persuasive evidence that she was sufficiently mature to decide whether to terminate her pregnancy.”
In their decision, the justices stated that the adolescent is nearly 17 years old and has a legal guardian despite not having parents. The court record states that she is now obtaining her GED and is enrolled in a program that supports “young ladies who have encountered trauma in their life by offering educational support and therapy.”
According to the affidavit, shortly before she sought an abortion, she faced renewed trauma due to the death of her friend. The adolescent noted in her appeal that she is old enough to make the decision, that she is “not ready to have a kid,” and that she is “still in school.” She stated that she is unemployed, and the father of her child is unable to assist her.
The judges of the court of appeal determined that the trial and the judge’s decision to deny the teen’s petition were conducted without bias.
The court of appeals stated that during the trial, the teen admitted she is not prepared “for the mental, physical, or financial responsibilities of parenting a child” and “had legitimate worries about her ability to raise a kid.”
The appeals court stated that it appeared the lower court wished to provide the kid with “more time” to make a decision.
The judges decided, “Reading between the lines, it appears the trial court sought to allow the minor, who was under additional stress owing to the death of a friend, further time to demonstrate a keener knowledge of the repercussions of terminating a pregnancy.” This makes logical given that the minor, at least at one point, stated that she was open to having a kid but then changed her mind after evaluating her incapacity to care for a child in her current situation.
The judges concluded that the minor, who was 10 weeks pregnant at the hearing, may return at a later date “to adequately describe her desire, and the court may reevaluate its decision at that time”
The juvenile stated that her guardian was “OK” with the abortion, and the court stated that if the guardian “consents to the minor’s termination of her pregnancy, only a written waiver is required.”
Judge Frydrychowicz, who was contacted by CBS News, had no additional remarks on this matter.
This year, the Supreme Court reversed Roe v. Wade, the 1973 Supreme Court ruling that allowed abortions across the United States. Now, state legislators have the authority to limit or prohibit abortions in their own jurisdictions. However, Florida and certain other states already had legislation that limited abortions before this verdict.
In April, Florida Governor Ron DeSantis signed into law a ban on abortions after 15 weeks of gestation. This became effective in July 2022. Some exceptions are possible, such as when two physicians determine that an abortion is required to save the pregnant woman’s life.
In 2020, DeSantis signed into law a bill prohibiting minors from obtaining abortions. A physician cannot perform an abortion on a minor without the written approval of a parent or legal guardian, according to this law.