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tatee View Drop Down
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    Posted: Oct 12 2013 at 11:19am

Nebraska Supreme Court rules 16-year-old girl in foster care is too immature to get an abortion

The girl, who was not named in court documents, was placed in a foster home by the state and had asked the court for permission to terminate her pregnancy because Nebraska law requires written parental consent for minors seeking an abortion.

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By David Knowles / NEW YORK DAILY NEWS


video/commentary



The state knows best?

The Nebraska Supreme Court has ruled that a 16-year-old girl who was impregnated in a foster home is “not sufficiently mature” to be allowed to get an abortion.

The girl, who is referred to as Anonymous 5 in court documents, had become a ward of the state after suffering years of abuse at the hands of her biological parents, including a broken collarbone and shoulder blade during a 2011 beating at the hands of her father.

As Nebraska is one of seven states in the country that require written parental permission before allowing abortions to be performed on girls under the age of 17, the state assumed that role.


The girl, who was 10 weeks pregnant when she first approached a judge to obtain consent for the procedure, had told the court that because of her parents’ strict religious beliefs, they would never consent to allowing the abortion, and that she couldn’t "be the right mom that [she] would like to be right now."

Despite receiving counseling on six occasions, having undergone three ultrasounds, and approaching the court for permission to terminate her pregnancy, the Supreme Court ruled 5-2 that the girl “has failed to establish by clear and convincing evidence that she is sufficiently mature and well informed” about the consequences of having an abortion.

The ruling means that the girl must carry the baby to term, it does not prevent her from giving the child up for adoption.

"It's a very unique case," Catherine Mahern, the girl’s lawyer, told ABCNews.com. "It's OK for her to relinquish her child for adoption. She doesn't need a court to determine the underlying psychological impact or emotional impact of giving up a child, which I think is significant."


In a dissenting opinion, Judge William Connolly noted that the girl was “in a legal limbo, a quandary of the legislature’s making.”

“An absolute ban on the petitioner’s right to seek and abortion obviously raises constitutional concerns,” Connolly wrote. “But the petitioner did not challenge the statutes as unconstitutional.”

Six of the Nebraska Supreme Court’s seven justices are male, and the sole female justice, Lindsey Miller-Lerman, voted along with the majority.  


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Gkisses View Drop Down
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Post Options Post Options   Thanks (11) Thanks(11)   Quote Gkisses Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 11:24am
too immature to get an abortion but mature enough to care and carry for 9 months before giving birth?
REAL-LLLLEEEEE

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GG View Drop Down
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Post Options Post Options   Thanks (5) Thanks(5)   Quote GG Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 11:27am
Adding another child to the system in the process...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote shellbee823 Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 11:28am
dumb ass courts!!! and if she went and threw herself down flight of stairs they would probably put her away for life for murder...


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Post Options Post Options   Thanks (10) Thanks(10)   Quote ShadyLady Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 11:32am
She better carry her butt across state lines and handle that.

If after counseling and all that, she is still sure that is what she wants, they need to let her be.

The judge let his own personal pro- life stance effect his decision.
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Post Options Post Options   Thanks (3) Thanks(3)   Quote Az~Maverick Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 11:36am
Are we in some kind of alternate universe? 

Because that logic didn't make a lick of sense.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote HeyBeautiful18 Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 11:39am
Who is the father? Please don't tell me the foster parent..

Poor girl. That doesn't make sense at all.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Princess_S Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 12:32pm
The girl, who was 10 weeks pregnant when she first approached a judge to obtain consent for the procedure, had told the court that.................................... and that she couldn’t "be the right mom that [she] would like to be right now."
 
 
 
sounds like she has enough sense to me.


Edited by Princess_S - Oct 12 2013 at 12:32pm
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Post Options Post Options   Thanks (1) Thanks(1)   Quote petiteone29 Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 1:59pm
Hmm something about this don't sound right. 

I don't agree with abortions but I believe in the right to choose. She said herself that she can't be a good parent right now. That is probably one of the most mature things I have heard a pregnant teen say. She sounds like she is making the right decision for her. Why are they forcing her against her will to carry a child? Do they realize that someone who is desperate not to be pregnant will find a way to not be pregnant. I'd rather she go to a safe facility rather than take some dangerous herbs or something and potentially harm the baby and herself.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sunshine321511 Quote  Post ReplyReply Direct Link To This Post Posted: Oct 12 2013 at 2:17pm
This is some true foolishness.  To immature for abortion...which obviously means she is not mature enough for the stress and responsibility of being a "good" parent. 
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