Anonymous, Matter of
| Decision Date | 07 October 1987 |
| Citation | 515 So.2d 1254 |
| Parties | In the Matter of ANONYMOUS, a minor. Civ. 6179. |
| Court | Alabama Court of Civil Appeals |
Act No. 87-286, Acts of Alabama 1987, was enacted by this state's legislature on June 25, 1987. The Act went into effect on September 23, 1987. This is the first appeal brought to an Alabama appellate court under the statutory scheme of the new law.
In anticipation of such an appeal, our supreme court has enacted a procedure to follow in cases arising under the Act. This procedure is in keeping with the provisions of the Act in attempting to provide a fair, just, and expeditious resolution of this most sensitive area. The area of concern is abortion. Specifically, we must consider the procedures and conditions under which an "unemancipated minor" may obtain an abortion either by way of parental consent or court order.
The Act provides that an unemancipated minor must receive the consent of one parent prior to obtaining an abortion.
The Act equally provides that, under certain circumstances, a waiver of parental consent may be granted to a minor by the trial courts of this state. Specifically, the Act provides as follows:
Section 4(6)(a)(b), 1987 Ala. Acts 87-286 (emphasis supplied).
The Act further provides that judicial proceedings for waiver of parental consent to obtain an abortion must be confidential. The statute imposes a criminal penalty upon the disclosure of any confidential information. Section 8, 1987 Ala. Acts 87- 286. We thus appreciate the need in balancing the statute's requirement of confidentiality with the court's duty to provide an intelligible and meaningful appellate opinion.
With the above in mind, the facts necessary to our determination are as follows:
At the hearing, the minor appeared fully aware of the nature of the proceedings in which she was the only witness. She testified as to her reasons for wanting the abortion without the consent of either parent. Suffice it to say that the record shows a family that is less than stable, thereby contributing to a situation in which the minor was apprehensive of the potential effect of seeking consent from either parent. Her answers both to the counsel and the court, under difficult circumstances, reflected a young woman who had given considerable thought to both the means and effects of obtaining an abortion. Her personal life reflected an extraordinary degree of self-reliance, resilience, and foresight regarding how her best interests would be served by obtaining the abortion without parental consent. Some courts have seriously considered evidence to the effect that the decision to seek the waiver of parental consent is itself an indicia of maturity. See generally Hodgson, M.D. v. State of Minnesota, 648 F.Supp. 756, 767 (D.Minn.1986).
Specifically, considering the confidentiality of the proceedings, the testimony reveals that the minor here is within a month of her eighteenth birthday. She lives by herself the majority of the time and holds down a full-time job. She went through the twelfth grade, but did not graduate from high school. She plans to take the GED as soon as she is eighteen years old. She testified that she had thought of her alternatives, either of keeping the baby or giving it up for adoption. She further states that she had thought about her future and long-range goals. Further, the minor testified that her stepfather had a history of abusive tendencies. Additionally, her testimony reveals that she is on good terms with her mother, but has chosen not to discuss the abortion question with her because her stepfather would find out about it and that would cause "a bunch of problems" for her mother.
The unique and crucial nature of judicial proceedings in the instant case raises the question as to the appropriate standard of review of a trial court's determination with respect to a minor's maturity and/or best interests under the statute. It seems clear to us that the determination of whether to grant a waiver is in the main a question to be first determined by the trial court. This determination if appealed will be subject generally to the ore tenus rule. That is "Where a judgment or decree is entered by trial court after hearing testimony ore tenus, such judgment or decree is presumed correct and will be reversed only if, after consideration of evidence and all reasonable inferences to be drawn therefrom, judgment or decree is found to be plainly and palpably wrong."
Taylor v. Taylor, 372 So.2d 337 (Ala.Civ. App.), cert. denied, 372 So.2d 341 (Ala. 1979).
The following rationale for applying the ore tenus rule in these cases issues from a court of the state whos...
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Ex parte Anonymous
...appellate court is, therefore, to determine whether the trial court `misapplied the law to the undisputed facts.' Matter of Anonymous, 515 So.2d 1254, 1256 (Ala.Civ.App. 1987) (emphasis in original)." Ex parte Anonymous, 618 So.2d 722, 725 (Ala.1993). See also Ex parte Anonymous, 664 So.2d ......
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Ex parte An Anonymousfs Minor
...court is, therefore, to determine whether the trial court `misapplied the law to the undisputed facts.' Matter of Anonymous, 515 So. 2d 1254, 1256 (Ala. Civ. App. 1987) (emphasis in original)." Ex parte Anonymous, 618 So. 2d 722, 725 (Ala. 1993). See also Ex parte Anonymous, 664 So. 2d 882,......
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