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13-year-old faces court battle to get abortion

The girl fights back after the DCF steps in and a judge grants a temporary injunction to block the abortion.

WEST PALM BEACH - The state's social services agency went to court to block a 13-year-old girl who is living in a state shelter from having an abortion, and the girl wants to challenge the judge's decision.

The American Civil Liberties Union filed an emergency appeal on Wednesday asking a judge to overturn the ruling that could essentially force the girl to become a mother, said Howard Simon, Florida's ACLU executive director.

The girl, called L.G. in court documents and described as a longtime state ward, learned she was pregnant two weeks ago, and she was to have an abortion Tuesday. But the state Department of Children and Families asked a Palm Beach County juvenile judge Tuesday morning to block the abortion.

The agency argued that L.G., who is 131/2 weeks pregnant, was too young and immature to make an informed medical decision.

A judge granted a temporary injunction to block the abortion and ordered a psychological evaluation for L.G.

L.G.'s appeal says Florida law as it now stands protects a minor's right to decide whether to get an abortion.

In 2003, the Florida Supreme Court struck down a 1999 law requiring parents to be notified if a minor daughter seeks an abortion.

Florida's high court also cited state privacy rights in 1989 when it tossed out a law requiring parental consent for a minor's abortion.

No details on L.G.'s parents or family history were available.

"DCF and the circuit court have instituted a process whereby the state will make a decision for L.G. based upon its own evaluation of her best interest. This it cannot do," the appeal said.

Department spokeswoman Marilyn Munoz said state law prohibits the department from consenting to an abortion for a minor in any instance.

"If a child in our care requests to have any procedure prohibited under Florida statute, we cannot give consent," Munoz said.

"No DCF regulation or state law can override a constitutional right as recognized by the U.S. Supreme Court," Simon said. "But putting aside the legalisms, forcing a 13-year-old to carry an unwanted pregnancy to term against her wishes not only is illegal and unconstitutional, it's cruel."

When she learned of her pregnancy, L.G. received counseling at a women's health clinic, discussed her options with responsible adults and understood the abortion procedure and risks, the ACLU appeal said. She is not being treated for mental or psychological disorders.

"There is nothing in the record to support the presumption that she cannot make an informed decision to have an abortion," the appeal said.

Gov. Jeb Bush and Florida lawmakers have tried for years to tighten state laws on abortion.

After the state Supreme Court struck down the 1999 parental notice law, lawmakers voted last year to change the Constitution to make such a law possible. Voters approved the amendment in November, and lawmakers currently are moving legislation along to require physicians to notify at least one parent before performing an abortion on a girl under age 18.

[Last modified April 28, 2005, 01:17:11]