In re Anonymous

• Decision Date: 27 July 2001
• Citation: 812 So.2d 1221
• Parties: In the Matter of ANONYMOUS, a minor.
• Court: Alabama Court of Civil Appeals

812 So.2d 1221

In the Matter of ANONYMOUS, a minor.

2001070.

Court of Civil Appeals of Alabama.

July 27, 2001.

Opinion on Return to Remand August 3, 2001.

PER CURIAM.

On July 17, 2001, an unemancipated minor filed a petition pursuant to § 26-21-4, Ala.Code 1975, seeking a waiver of parental consent for an abortion. The trial court conducted a hearing. On July 20, 2001, the trial court entered an order denying the minor's petition for a waiver of parental consent. The minor appealed.

The record indicates that the minor is 17 years old. At the time of the hearing, she was six weeks pregnant. The minor is about to start her senior year in high school. She has a 3.0 grade-point average, and she is involved in her high-school band. The minor plans to attend college; she has been accepted at a college and is currently completing applications for financial aid. She is also saving her earnings from her weekend job to defray some of her college expenses.

The minor's grandmother is her legal guardian. The minor testified that she has lived with her grandmother since she was two or three years old. The minor testified that she sees her mother only once a week, and that she has not had any contact with her father since she was in the sixth grade.

The minor testified that her grandmother is religious and that she is opposed to abortion. She testified that the grandmother had told her that if she became pregnant while she was a teenager, the grandmother would "put [the minor] out" of the home. The minor testified that the grandmother had made the minor's aunt move out of the home when the aunt became pregnant at the age of 18.

The minor testified that she and the baby's father had considered and discussed their options for approximately two weeks before she sought the judicial bypass at issue in this appeal. The father is 18 years old and plans to attend college in the fall. He is not employed. The minor testified that she and the father both feel they are not ready for a child and that they are financially unable to care for a baby. The minor testified that she did not want to place the baby for adoption because she did not want others handling her responsibilities, and because she felt that placing the child for adoption would be more emotionally stressful to her than an abortion would be.

The minor has not sought her mother's advice because her mother is opposed to abortion. The minor testified that she had spoken with her 20-year-old sister, who is a college student. The minor said that her sister did not give her any advice other than to say that the minor should ensure that she (the minor) was "all right" with her decision.

The minor has also spoken with her godmother, a 37-year-old mother of two children. The minor testified that the godmother would accompany her to the clinic for the abortion procedure and that she would take care of her afterwards. The godmother testified at the hearing that the minor was mature and that the minor had thoroughly evaluated her options before deciding to seek a waiver of her grandmother's consent for an abortion.

The minor testified that she had spoken to a doctor and a counselor at the medical center where the abortion would be preformed. The minor was able to describe the abortion procedure, and she was informed about the risks involved. The minor testified that she had no health problems and that the doctor at the medical center had told her she could expect to experience no difficulties in undergoing the abortion procedure. The minor testified that she understood that free post-abortion counseling was available if she needed it after the procedure. The minor has discussed the psychological implications of abortion with a counselor at a mental health clinic. The minor testified that she has also read an article entitled "How Women Cope After Their Abortion: Implications for Pre-Abortion Counseling."

In denying the minor's petition, the trial court stated, in part:

"The court makes this decision after a review of Ex parte Anonymous, 808 So.2d 1025 (Ala.2001) and Ex parte Anonymous, 806 So.2d 1269 (Ala.2001). The court denies this Petition based on this court's review of the minor's composure, analytic ability, appearance, tone of voice, expressions, and overall demeanor. This court notes that the answers given by the minor appeared to be [given] in an almost rehearsed manner. There was not any expression of emotion from either the minor or the godmother [,who] also testified. In a review of [`How Women Cope After Their Abortion: Implications for Pre-Abortion Counseling'], there is not any evidence that the minor child actually reviewed the document and understood or considered the content of the same."

The Parental Consent Statute, § 26-21-1 et seq., Ala.Code 1975, provides that the requirement for a parent's consent to a minor's obtaining an abortion shall be waived where the trial court finds either:

"(1) That the minor is mature and well-informed enough to make the abortion decision on her own; or

"(2) That performance of the abortion would be in the best interest of the minor."

§ 26-21-4(f), Ala.Code 1975.

A trial court's order on a petition for a waiver of parental consent must contain written, specific factual findings and legal conclusions supporting the judgment. § 26-21-4(g), Ala.Code 1975. In Ex parte Anonymous, 808 So.2d 1025, 1028 (Ala. 2001) (citations omitted), our supreme court reversed this court's affirmance of the trial court's judgment after determining that the trial court had failed to make specific findings pursuant to § 26-21-4(f), Ala.Code 1975. The supreme court concluded that the trial court's judgment was "flawed" for its failure to include the specific findings required by § 26-21-4(f). 808 So.2d at 1027.

In this case, the trial court stated merely that it denied the minor's petition; its judgment is on the same form used by the trial court in Ex parte Anonymous, supra. Although it stated that the minor's testimony lacked credibility, the trial court did not find that the minor is not mature or sufficiently well-informed to make the abortion decision and that an abortion would not be in her best interests. See § 26-21-4(f)(1) and (2). Therefore, we reverse the judgment of the trial court and remand this case for the entry of a judgment in compliance with § 26-21-4(f) and Ex parte Anonymous, supra. Because time is of the essence, the trial court is directed to enter its judgment and make its return to this court by 4:00 p.m. on Monday, July 30, 2001.

REVERSED AND REMANDED.

All the judges concur.

ON RETURN TO REMAND

PER CURIAM.

This is the second time this matter has been before this court. In In re Anonymous, 812 So.2d 1221 (Ala.Civ.App.2001), this court set forth the relevant procedural history and facts.

"On July 17, 2001, an unemancipated minor filed a petition pursuant to § 26-21-4, Ala.Code 1975, seeking a waiver of parental consent for an abortion. The trial court conducted a hearing. On July 20, 2001, the trial court entered an order denying the minor's petition for a waiver of parental consent. The minor appealed.

"The record indicates that the minor is 17 years old. At the time of the hearing, she was six weeks pregnant. The minor is about to start her senior year in high school. She has a 3.0 grade-point average, and she is involved in her high-school band. The minor plans to attend college; she has been accepted at a college and is currently completing applications for financial aid. She is also saving her earnings from her weekend job to defray some of her college expenses.

"The minor's grandmother is her legal guardian. The minor testified that she has lived with her grandmother since she was two or three years old. The minor testified that she sees her mother only once a week, and that she has not had any contact with her father since she was in the sixth grade.

"The minor testified that her grandmother is religious and that she is opposed to abortion. She testified that the grandmother had told her that if she became pregnant while she was a teenager, the grandmother would `put [the minor] out' of the home. The minor testified that the grandmother had made the minor's aunt move out of the home when the aunt became pregnant at the age of 18.

"The minor testified that she and the baby's father had considered and discussed their options for approximately two weeks before she sought the judicial bypass at issue in this appeal. The father is 18 years old and plans to attend college in the fall. He is not employed. The minor testified that she and the father both feel they are not ready for a child and that they are financially unable to care for a baby. The minor testified that she did not want to place the baby for adoption because she did not want others handling her responsibilities, and because she felt that placing the child for adoption would be more emotionally stressful to her than an abortion would be.

"The minor has not sought her mother's advice because her mother is opposed to abortion. The minor testified that she had spoken with her 20-year-old sister, who is a college student. The minor said that her sister did not give her any advice other than to say that the minor should ensure that she (the minor) was `all right' with her decision.

"The minor has also spoken with her godmother, a 37-year-old mother of two children. The minor testified that the godmother would accompany her to the clinic for the abortion procedure and that she would take care of her afterwards. The godmother testified at the hearing that the minor was mature and that the minor had thoroughly evaluated her options before deciding to seek a waiver of her grandmother's consent for an abortion.

"The minor testified that she had spoken to a doctor and a counselor at the medical center where the abortion would be preformed. The minor was able to describe the abortion procedure, and she was informed about the risks involved. The minor

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