Florida Court Rules Pregnant 16-Year-Old Isn't 'Sufficiently Mature' to Decide Whether to Have an Abortion
BRYAN R. SMITH/AFP via Getty
A Florida court has deemed a pregnant teenager not "sufficiently mature" to decide whether she should terminate her pregnancy — and has denied her request for an abortion.
The 16-year-old, who is described in court documents as "parentless" and living with a relative and appointed guardian, submitted a petition to waive requirements for consent. Florida law states that abortions cannot be performed on a minor without notification and consent from a parent or legal guardian.
Documents reveal that the teen stated she was mature enough to make the decision, citing that she "is not ready to have a baby," she doesn't have a job, she is "still in school," and the father is unable to assist her. She also stated that her guardian was "fine" with her receiving the abortion.
Escambia County Circuit Judge Jennifer Frydrychowicz denied the waiver, which the teen appealed. However, on Monday, a three-judge panel of the appellate court upheld the decision.
RELATED: Florida Gov. DeSantis Signs Highly Restrictive 15-Week Abortion Ban into Law
The teen "had not established by clear and convincing evidence that she was sufficiently mature to decide whether to terminate her pregnancy," the ruling states. "Having reviewed the record, we affirm the trial court's decision under the deferential standard of appellate review set out in the [consent law]."
Judge Scott Makar was the only member of the appellate court's panel who offered partial dissent and wrote in an opinion that the court should've sent the case back to the lower court.
"Given the open-ended nature of the order reflecting the trial judge's willingness to hear from the minor again — and the time pressures presented — I would remand the case to the trial court," Makar wrote, according to the court documents.
RELATED VIDEO: President Joe Biden Signs Second Executive Order Protecting Access to Abortion
In April, Florida Gov. Ron DeSantis signed a restrictive abortion ban. Under the new law, abortions are banned after a fetus reaches a gestational age of 15 weeks with only two exceptions: "a fatal fetal abnormality" or "serious risk" to the pregnant person. There are no exceptions for rape or incest.
"Life is a sacred gift worthy of our protection, and I am proud to sign this great piece of legislation which represents the most significant protections for life in the state's modern history," DeSantis said in a statement at the time.
The bill initially passed in Florida's legislature on March 3. Democrats proposed over a dozen amendments to the bill, including requesting an exception for rape and incest, which ultimately failed, according to CNN.
In a statement released after the bill's approval, Florida state Democrats called it "one of the most extreme and anti-freedom bills to ever pass" the state's legislature and "a direct assault on the people of Florida and our constitutional rights."
The states highly restrictive abortion ban went into effect July 2022.
