2ND DCA OVERTURNS POLK JUDGE RULING ON ABORTION NOTIFICATION WAIVER

The Lakeland-based 2nd District Court of Appeal on Thursday overturned a ruling by a Polk Circuit Judge who had denied a 17 year old girl a waiver from the new state law requiring minors to notify their parents prior to having an abortion.

The parental notification law became effective June 30 after passing the state Legislature during it's regular session.

While we don't know the girl's identity because of her age, the Lakeland Ledger noted today that she lives in the Tenth Judicial Circuit, which includes the counties of Polk, Highlands, and Hardee. She will become 18 next month, still lives with her parents, comes from a Roman Catholic family, graduated from high school with what was called "an impressively high grade-point average", and currently attends a post-secondary school nearby.

The girl testified before Circuit Judge Ellen Masters that she became pregnant by her steady boyfriend, who she plans to marry within a year. She also said that she was not pressured by her boyfriend to get an abortion, but that she was not prepared to raise a child financially or otherwise. While the girl says she has a good relationship with her parents, she testified that they would be "adamantly opposed" to her terminating her pregnancy, and may kick her out.

The Ledger reported:

[Judge Stephen T] Northcutt and Chief Judge Carolyn Fulmer formed a majority ruling that nothing in the hearing before Masters showed the girl lacked the maturity to decide whether to have an abortion or conclude that telling her parents would not serve her best interests.

Northcutt wrote that sending the case back for more information would not be useful. In addition, if the appellate court didn't rule within 10 days, Masters' order would be reversed and the waiver granted, the judge wrote.

In a dissenting opinion, Judge Charles A. Davis Jr. wrote that the girl hasn't shown sufficient maturity to make such a decision.

He noted that there is no evidence that the girl investigated what other options were available to her or that she understood the consequences, including possible medical complications, of getting an abortion.