News Neb. high court nixes teen's request for abortion

[boston bean]

OMAHA, Neb. (AP) — In a split decision released Friday, the Nebraska Supreme Court rejected a 16-year-old ward of the state's request to waive parental consent to get an abortion, saying the girl had not shown she is sufficiently mature and well-informed enough to decide on her own whether to have an abortion.

The girl, who is not named in the opinion, was living with foster parents this year when a juvenile court terminated the parental rights of her biological parents, who had physically abused and neglected her. In a closed hearing this summer, she told Douglas County District Judge Peter Bataillon she was 10 weeks pregnant and asked for a court order allowing an abortion. She said she would not be able to financially support a child and feared she might lose her foster placement if her foster parents, whom she described as having strong religious beliefs, learned of her pregnancy.

Her attorney, Catherine Mahern of Omaha, argued that the girl didn't need anyone's consent for an abortion under the regulations of the Nebraska Department of Health and Human Services, which states that "if a ward decides to have an abortion, the consent of the parent(s) or Department is not required," although notification of the parents of the abortion might be required.

Nebraska law was changed in 2011 from requiring minors to inform parents of an abortion to requiring them to get the written, notarized consent of a parent or guardian. Exceptions are limited to cases of abuse by the parent or guardian, medical emergencies and instances in which the minor is sufficiently mature and well-informed to decide whether to have an abortion.

Bataillon rejected the girl's request, saying that for the purpose of her case, her foster parents would serve as her guardians — even though, under Nebraska law, the department is considered the guardian of wards. Bataillon also found that the girl had not shown she was mature enough to make the decision to seek an abortion.

Mahern appealed the girl's case, saying Bataillon failed to recognize the exception for abuse in Nebraska's parental consent law. She also said Bataillon should have recused himself because he was not impartial, as evidenced by his asking the girl if she knew that, "When you have the abortion, it's going to kill the child inside you."

http://www.chron.com/news/article/Neb-high-court-nixes-teen-s-request-for-abortion-4869315.php

[newfie11]

1. Bullshit

She's mature enough to get pregnant then she is mature enough to decide where it goes from there.

Sounds like this kid has not had a great life up to now.

[jehop61]

2. So,

This young woman is not mature enough to decide on her own future, but IS mature enough to bear and raise a child! God help them both.

[boston bean]

3. oh, no they will decide for her.

they will decide she must carry it, then decide if she can for it, then decide who will raise it, they will decide what is best for her.

An evilgelicals wet dream.

[CrispyQ]

4. Kick for exposure.

Not old enough to make a decision about having a child, but old enough to have a child. Goddamned fucking crazy.

[ismnotwasm]

5. That's just sick

There are already websites for do it yourself abortion, and it wouldn't surprise me to hear that there's underground, backstreet providers-- this shit has to stop,