In re Anonymous
Decision Date | 15 June 2001 |
Citation | 805 So.2d 726 |
Parties | In the Matter of ANONYMOUS. |
Court | Alabama Court of Civil Appeals |
On June 1, 2001, an unemancipated minor, acting pursuant to § 26-21-4, Ala. Code 1975, filed a petition seeking a waiver of parental consent for an abortion. On June 8, 2001, after conducting a hearing, the juvenile court entered an order denying the minor's petition. The minor appeals. We remand.
The minor is 16 years of age, has never been married, and is a junior in high school. She is attending a local college this summer to get college credit, has gained an early acceptance to that college, and will graduate early from high school. She has accepted a job beginning in January after she graduates, in the field in which she plans to study.
The minor testified that she sought counseling from an abortion provider and a "pro-life" organization. She testified that she saw a video of an abortion being performed, and she described the abortion procedure to the court. She stated that she understands the possible medical consequences, which include hemorrhaging and death. The minor testified that she understood that adverse psychological effects could result from an abortion. She also testified that the women's clinic that was to provide the abortion would provide psychological counseling if it was needed.
She testified that she and her boyfriend were having protected sex when that method of birth control failed. She stated that she has discussed the abortion with her boyfriend and that he would go with her to have the abortion. The minor stated that she has discussed the abortion with the youth minister at her church.
She testified that she had discussed with her parents their feelings on abortion. She stated that they were in favor of abortion "if there was abuse in the family." She testified that "my parents wouldn't support [abortion] but they think if parents would support it then that would be okay but my parents are really against premarital sex." She testified that her parents might babysit for the child if she had the baby, but that they would not help her financially.
Following the ore tenus proceeding, the trial court denied the petition for waiver, stating in its order:
Section 26-21-3(a) provides that no person shall perform an abortion on an unemancipated minor without the written consent of either a parent or a legal guardian, except as provided for in § 26-21-4 or § 26-21-5.2 Section 26-21-4(d)(4) provides that in order to obtain a judicial waiver of the parental-consent requirement, a minor must file a petition, which is to include:
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Ex parte Anonymous
...her parent or legal guardian and that the performance of an abortion is not in the minor's best interest. See In re Anonymous, 805 So.2d 726, 728 (Ala.Civ.App.2001). Our review of the cold appellate record indicates that this conclusion is correct. The trial court had the opportunity to obs......
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Ex parte Anonymous
...enough to make the abortion decision alone and that the performance of an abortion would not be in her best interest. In re Anonymous, 805 So.2d 726, 728 (Ala.Civ.App.2001), citing Ex parte Anonymous, 595 So.2d 497 (Ala.1992), and In re Anonymous, 711 So.2d 475 The minor filed her petition ......
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... ... In response to the May 1999 petition, the mother sent a handwritten letter to the juvenile court requesting custody of the children, averring that she had entered an inpatient substance-abuse program, that she would be going to Alcoholics Anonymous (AA) meetings and church services regularly, and that she would be working as a housekeeping supervisor at a motel. The father did not appear ... After a two-day ore tenus proceeding in January 2000, the juvenile court entered a judgment finding that the children were dependent; ... ...