Florida Appeals Court Ruling Protects Baby From Dying in Abortion

State   |   Steven Ertelt   |   Dec 18, 2023   |   4:05PM   |   Tallahassee, Florida

A Florida state appeals court has issued a ruling protecting a baby from dying in an abortion.

The appellate court took a case where pro-abortion attorneys for a teenager were seeking to avoid the state’s parental consent law in order to secure a secret abortion for a teenage girl.

After a hearing, a local judge declined to grant the judicial bypass the attorneys sought and said the girl needed to inform her parents and get their consent because she was not mature enough. The attorneys appealed and the Florida appeals court agreed with the judge’s ruling.

The appellate court upheld a Calhoun County circuit judge’s ruling. The unanimous decision by a three-judge panel of the 1st District Court of Appeal supported Circuit Judge Brandon Young, who found the minor “failed to demonstrate sufficient maturity” to receive a waiver of the notification and consent requirement, according to the appeals court.

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“In a detailed order, the circuit court determined, based on the non-adversarial presentation below, that Doe had not established by clear and convincing evidence that she was sufficiently mature to decide whether to terminate her pregnancy,” Friday’s decision by appeals-court Judges Rachel Nordby, Robert Long and M. Kemmerly Thomas said.

In 2004, Florida voters approved a constitutional amendment requiring parental consent before an abortion.