Ex parte Anonymous
| Decision Date | 19 January 1993 |
| Citation | 618 So.2d 722 |
| Parties | Ex parte ANONYMOUS. In the Matter of ANONYMOUS, a minor. 1920533. |
| Court | Alabama Supreme Court |
A minor petitions this Court to review a judgment of the Court of Civil Appeals, 618 So.2d 718 (Ala.Civ.App.1993), affirming a judgment of the trial court denying her petition for a waiver of parental consent to an abortion. We reverse and render.
In Ex parte Anonymous, 595 So.2d 497 (Ala.1992), this Court said regarding a petition for waiver of parental consent for an abortion:
(Emphasis added.) Thus, under this section, the petition for waiver of parental consent may be denied only if the court specifically finds both that (1) the minor is immature and not well enough informed to make the abortion decision on her own, and (2) that performance of the abortion would not be in her best interests."
Ex parte Anonymous, 595 So.2d 497, 498 (Ala.1992) (). Thus, in order to deny a waiver in the case before us, the trial court had to determine that the minor was not mature enough and not well enough informed and that the abortion was not in her best interest. Ex parte Anonymous, supra. The trial judge did technically follow the directions of § 26-21-4(f) and (g), but he did not do so in a manner consistent with leading precedents in this area of the law.
The record in this case indicates that the minor is a sixteen-year-old in the eleventh grade who became pregnant in November 1992. She was one month and 12 days pregnant at the time of the hearing in December. Her testimony indicated that she had been dating a boy for approximately 13 months and that they had engaged in sexual relations once, on November 7, 1992; that upon discovering that she was pregnant, she discussed her condition with her boyfriend, and that he said he would support whatever decision she made regarding the pregnancy; that she also discussed her pregnancy with another friend her age; and that she contacted an abortion clinic in Birmingham, which gave her the name of someone to contact regarding the procedure required to obtain a waiver of parental consent. She testified:
The minor testified that she spoke more than once with someone at the abortion clinic and that she was apprised of the risks involved. She stated that she was told of the possibility of hemorrhaging and that she inquired regarding her ability to become pregnant again should she elect to abort the fetus. Her inquiry in this regard indicates that she wanted to consider all aspects of any decision she might make.
Her testimony indicated that she had considered the alternatives to abortion. She stated that she was only 16 and that she wanted to attend junior college upon graduating from high school. With a baby to care for, she said, she would not be able to do so and she said she would not be financially able to provide for the child. In addition, she stated that she did not wish to marry at age 16. The trial court focused its attention on the minor's testimony that she had been raised in a good Christian home, that her parents had always been good to her, and that they would probably support any decision she made if they were apprised of her condition. The court found that she appeared concerned about what her parents would think of her and her own embarrassment in having to tell them that she was pregnant. We do not consider her concerns to be unnatural, nor do we find that they indicate that she is too immature to seek an abortion without parental consent. To the contrary, a review of the record indicates that the minor has considered the fact that her parents would probably support her decision; nevertheless, she has elected to seek an abortion without their consent. Despite her desire to do so, however, her testimony indicated that should she experience problems, such as hemorrhaging, following the abortion, she would consider informing her parents of the abortion. When questioned regarding any emotional trauma she might experience following the abortion, the minor stated that should she experience any emotional turmoil after the abortion, there was free counseling at her school. She also testified that she had a good network of friends who could help her through any post-abortion trauma.
In a well-reasoned dissent from the opinion of the Court of Civil Appeals affirming the trial court's order, Judge Thigpen wrote as follows:
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