Nebraska Supreme Court rules 16-year-old ‘not mature enough’ for abortion

[Jess]

Nebraska Supreme Court rules 16-year-old ‘not mature enough’ for abortion (http://www.rawstory.com/rs/2013/10/05/nebraska/?utm_source=nar.al&utm_medium=urlshortener&utm_campaign=FB)

A 16-year-old ward of the state in Nebraska isn’t mature enough to have an abortion. She is, however, apparently mature enough to bear the child instead.

So ruled the Nebraska Supreme Court in a split decision Friday.

The 5-2 decision denied the unnamed child’s request for an an abortion, saying the girl had not shown that “she is sufficiently mature and well informed to decide on her own whether to have an abortion,” according to the ruling.

The girl is not named in legal records, but is living with foster parents after the state terminated the parental rights of her biological parents after physical abuse and neglect. At the confidential hearing terminating those parental rights, she told the court that she was pregnant, and that she would not be financially capable of supporting a child or being “the right mom that [she] would like to be right now,” according to the court ruling. But she also told the court that she feared losing her placement in foster care if her highly-religious foster parents learned of her pregnancy.

It isn’t clear if the child is still pregnant. The Omaha World-Herald interviewed her attorney, Catherine Mahern, who said “It is not in my client’s best interests to comment,” while noting that her client could go around the restrictions of Nebraska law by going to another state.

But speaking to the Houston Chronicle, Mahern said the girl didn’t need consent under the regulations of the Nebraska Department of Health and Human Services, which states that “if a ward decides to have an abortion, the consent of the parent(s) or Department is not required.” Notification of the girl’s foster parents might be required, however.

Nebraska changed its abortion laws two years ago from requiring that parents of minors be informed to requiring written and notarized parental consent for an abortion. Exceptions may be made in cases of parental abuse, medical emergencies, or cases in which the minor is “sufficiently mature and well-informed” to decide whether to have an abortion.

The Nebraska Supreme Court ruled that the child did not meet that standard in this case.

The district court judge, Peter C. Batallion, appears to have served in the 1980s on the committee for Metro Right to Life, an Omaha anti-abortion group, the Houston Chronicle reported. Bias was a factor in the expedited appeals process — Battalion told the girl “when you have the abortion, it’s going to kill the child inside of you,” and then asked if she would “rather do that than risk problems with the foster care people.”




This just utterly disgusts me. She's not mature enough for an abortion, but she's mature enough to give birth and for motherhood? What kind of logic is that?

[Mynick]

What the actual hell. Jess i agree 100% with you here, it's just plain stupid to me.

[Tarannosaurus]

Poor girl. And how dare they try to scare her into doing what they want her to do, it's her body.

[MstarhHaven]

If anything... Wouldn't they usually support a teenager in adverse to an older women in this case... saying that it's fair she has an abortion since she's too young? -- I also agree this is fucked up.. particularly by the fact that you need to be more mature to have an abortion that to raise a child

[Forsaken]

If the kid wants an abortion she should be able to have an abortion. It's just downright stupid to force a teenager to have a child. If anything they should be supporting her decision to have an abortion rather than being a mother who probably can't support a kid.

[britishboy]

If anything... Wouldn't they usually support a teenager in adverse to an older women in this case... saying that it's fair she has an abortion since she's too young? -- I also agree this is fucked up.. particularly by the fact that you need to be more mature to have an abortion that to raise a child

If the kid wants an abortion she should be able to have an abortion. It's just downright stupid to force a teenager to have a child. If anything they should be supporting her decision to have an abortion rather than being a mother who probably can't support a kid.

What the actual hell. Jess i agree 100% with you here, it's just plain stupid to me.

Poor girl. And how dare they try to scare her into doing what they want her to do, it's her body.

Nebraska Supreme Court rules 16-year-old ‘not mature enough’ for abortion (http://www.rawstory.com/rs/2013/10/05/nebraska/?utm_source=nar.al&utm_medium=urlshortener&utm_campaign=FB)

A 16-year-old ward of the state in Nebraska isn’t mature enough to have an abortion. She is, however, apparently mature enough to bear the child instead.

So ruled the Nebraska Supreme Court in a split decision Friday.

The 5-2 decision denied the unnamed child’s request for an an abortion, saying the girl had not shown that “she is sufficiently mature and well informed to decide on her own whether to have an abortion,” according to the ruling.

The girl is not named in legal records, but is living with foster parents after the state terminated the parental rights of her biological parents after physical abuse and neglect. At the confidential hearing terminating those parental rights, she told the court that she was pregnant, and that she would not be financially capable of supporting a child or being “the right mom that [she] would like to be right now,” according to the court ruling. But she also told the court that she feared losing her placement in foster care if her highly-religious foster parents learned of her pregnancy.

It isn’t clear if the child is still pregnant. The Omaha World-Herald interviewed her attorney, Catherine Mahern, who said “It is not in my client’s best interests to comment,” while noting that her client could go around the restrictions of Nebraska law by going to another state.

But speaking to the Houston Chronicle, Mahern said the girl didn’t need consent under the regulations of the Nebraska Department of Health and Human Services, which states that “if a ward decides to have an abortion, the consent of the parent(s) or Department is not required.” Notification of the girl’s foster parents might be required, however.

Nebraska changed its abortion laws two years ago from requiring that parents of minors be informed to requiring written and notarized parental consent for an abortion. Exceptions may be made in cases of parental abuse, medical emergencies, or cases in which the minor is “sufficiently mature and well-informed” to decide whether to have an abortion.

The Nebraska Supreme Court ruled that the child did not meet that standard in this case.

The district court judge, Peter C. Batallion, appears to have served in the 1980s on the committee for Metro Right to Life, an Omaha anti-abortion group, the Houston Chronicle reported. Bias was a factor in the expedited appeals process — Battalion told the girl “when you have the abortion, it’s going to kill the child inside of you,” and then asked if she would “rather do that than risk problems with the foster care people.”




This just utterly disgusts me. She's not mature enough for an abortion, but she's mature enough to give birth and for motherhood? What kind of logic is that?



the fact we don't know who she is makes it impossible to say whether they was right or wrong, an abortion is a huge decision and they may have been right in taking away the option

[Mynick]

the fact we don't know who she is makes it impossible to say whether they was right or wrong, an abortion is a huge decision and they may have been right in taking away the option

Sure, but from what we know someone that is not responsible/mature enough to make an abortion, is supposed to know how to raise the child?
It feels fishy

[MstarhHaven]

Sure, but from what we know someone that is not responsible enough to make an abortion, is supposed to know how to raise the child?
It feels fishy

I second this...

[britishboy]

I second this...
Sure, but from what we know someone that is not responsible enough to make an abortion, is supposed to know how to raise the child?
It feels fishy

I agree it feels fishy but the judges have spoken and as we don't know her, we must trust them, also babies can be put in orphanages, once you terminate your pregnancy you have to live with that for the rest of your life, if she is not mature enough to make the decision, it is better not to in fear they might regret it in future

[Mynick]

I agree it feels fishy but the judges have spoken and as we don't know her, we must trust them, also babies can be put in orphanages, once you terminate your pregnancy you have to live with that for the rest of your life, if she is not mature enough to make the decision, it is better not to in fear they might regret it in future
I see and get what you are saying, and i dont desagreed with it. 'and that she would not be financially capable of supporting a child or being “the right mom that [she] would like to be right now,” according to the court ruling.' I guess it is going end up in an orphanage.

[sqishy]

Not mature of abortion? How about not mature enough to raise a child?
I don't see how medical matters regarding the body should be affected by psychological matters.

[teen.jpg]

I think an abortion is the more mature option here, honestly.

[Laquifa]

if you all will excuse me, I shall go be disappointed in that judge's sense of humanity right now.

[Abyssal Echo]

I don't see the logic in the judges decision. the article does state that the Judge was biased so in my opinion the girl didn't have a chance of winning in the first place. Also according to a statement by her attorney the girl is going to go to another state so it sounds like she might get the abortion.

[Jess]

Not mature of abortion? How about not mature enough to raise a child?
I don't see how medical matters regarding the body should be affected by psychological matters.

Exactly this. This judge wants to force the poor girl to give birth when she doesn't even want to. She may not end up raising it, but she should not be forced to give birth and I don't see how she's not "mature enough" to get an abortion.

[Stronk Serb]

Another proof of mankind's ignorance. I don't want to live on this world anymore.

[britishboy]

why is everyone making such a big deal about this? no one on here is a high court judge so I trust their decision

[CharlieHorse]

I am sickened.
Denying her the abortion and forcing her to have a baby is fucked up. I know people, girls, who have gotten accidentally pregnant and had an abortion.
They've learned from it.

[Iron Man]

This just utterly disgusts me. She's not mature enough for an abortion, but she's mature enough to give birth and for motherhood? What kind of logic is that?

Literally took the words right out of my mouth...

But yeah, that is crazy.

[Jess]

why is everyone making such a big deal about this? no one on here is a high court judge so I trust their decision


Because it's stupid how they say she's not mature for an abortion but mature for giving birth motherhood. They have no right to force her to continue the pregnancy.

[Luminous]

Though I don't really agree with abortion myself I do think everyone should have the choice.
Honestly, she sounds mature enough to me, from what she has said! Clearly she made a mistake and is not going to have unprotected sex again for a while, and she knows that it was a mistake and she doesn't want to deal with the consequences. There's not much wrong here, I can't believe they wouldn't let her have an abortion.