In Re Anonymous 2

570 N.W.2d 836, 253 Neb. 485, 1997 Neb. LEXIS 241
CourtNebraska Supreme Court
DecidedDecember 12, 1997
DocketS-33-970027
StatusPublished
Cited by13 cases

This text of 570 N.W.2d 836 (In Re Anonymous 2) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Anonymous 2, 570 N.W.2d 836, 253 Neb. 485, 1997 Neb. LEXIS 241 (Neb. 1997).

Opinions

Per Curiam.

This proceeding was instituted under the provisions of Neb. Rev. Stat. § 71-6901 et seq. (Reissue 1996) by a pregnant 15-year-old seeking authorization for her physician to perform an abortion upon her without parental consent. The district court denied the minor’s request and held that the “Petitioner is [486]*486not a mature minor and is not capable of giving informed consent to the proposed abortion ...” This court affirms the decision of the district court.

STANDARD OF REVIEW

Section 71-6904(6) provides that we hear this appeal de novo on the record. Accordingly, we reappraise the evidence as presented by the record and reach our own independent conclusions with respect to the matters at issue. However, we consider, and may give weight to, the fact that the judge below heard and observed the witnesses. In re Petition of Anonymous 1, 251 Neb. 424, 558 N.W.2d 784 (1997).

FACTS

Anonymous 2 is a 15-year-old resident of Iowa who lives with her mother and younger sibling. She has little contact with her biological father and testified that her parents divorced when she was 2 or 3 years old. She does not want to tell her mother that she is pregnant and seeks an abortion without parental notification. Anonymous 2 believes that because her mother currently suffers from severe depression, she would not be able to cope with Anonymous 2’s pregnancy or her desire for an abortion.

Anonymous 2 discovered that she was pregnant after taking a home pregnancy test and then went to a Planned Parenthood clinic in Iowa. The Iowa clinic referred her to Planned Parenthood in Omaha, Nebraska.

At the Omaha Planned Parenthood clinic, Anonymous 2 reviewed pamphlets and booklets on abortion and adoption and spoke with counselors about her situation. After considering her options, Anonymous 2 decided that she wanted an abortion. She testified that she is not financially able to support a child. She also noted that she did not want to put her child up for adoption because she would have trouble parting with a child after carrying it to term and would be concerned about the type of life the child would have with adoptive parents.

It appears that after Anonymous 2 expressed an interest in having an abortion, Planned Parenthood directed Anonymous 2 to listen to an audio recording which explained the abortion procedure. Planned Parenthood then gave her an opportunity to [487]*487ask questions about the recording. However, it is not clear that Anonymous 2 did in fact ask any questions about the abortion procedure or whether she was given any additional information.

At trial, Anonymous 2 was able to explain approximately how long the abortion would take and what would be done to her. She testified that the doctors “are going to use a local anesthetic and it’s going to dilate the cervix . . . and then they have to scrape out everything and flush it out . . . .” She was also aware of what symptoms the doctors told her to look for as signs of complication. She testified that she was to look for “bleeding, fever, [or] anything abnormal.” However, when asked to explain the risks associated with having an abortion, Anonymous 2 was unable to list or explain any of the risks.

When asked to state her personal philosophy about abortion, she responded as follows: “I think abortion should be a personal choice if that’s what the person feels would be their best option.” Her boyfriend of 1 year knows of her choice to have an abortion and supports her decision, both financially and emotionally.

Anonymous 2 is currently a sophomore in high school and receives good grades. She is not presently employed, but has worked during the summers. She saved money from her summer job to pay for part of her abortion, and she earns money babysitting.

The district court found that Anonymous 2 was not a mature minor and was not capable of giving consent to the proposed abortion and that it was not in her best interests for the physician to perform the proposed abortion upon her without prior notification to one or both of her parents or guardian. Therefore, the court denied her request for the proposed abortion without prior notification. Anonymous 2 appeals the district court’s decision to this court pursuant to her right under § 71-6904.

ANALYSIS

Under § 71-6903, the court may authorize an abortion without parental notification if it determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or if it determines that the performance of an abortion without notification would be in her best interests. In a [488]*488proceeding brought under the provisions of § 71-6901 et seq., the burden of proof on all issues rests with the pregnant woman, and such burden must be established by clear and convincing evidence. In re Petition of Anonymous 1, 251 Neb. 424, 558 N.W.2d 784 (1997). Pursuant to § 71- 6904(6), we review the denial of such an order de novo on the record, but we may consider and give weight to the fact that the judge below heard and observed the witnesses. Id.

This court, in In re Petition of Anonymous 1, 251 Neb. at 428, 558 N.W.2d at 787, noted that “[mjaturity is ‘difficult to define, let alone determine ....’” However, we agreed with other courts that maturity may be measured by examining the minor’s experience, perspective, and judgment. Relying on H_B_ v. Wilkinson, 639 F. Supp. 952 (D. Utah 1986), we adopted a list of suggested criteria as appropriate guideposts in examining experience, perspective, and judgment.

We explained in In re Petition of Anonymous 1 that a minor’s experience could be determined by looking at the minor’s prior work experience and the minor’s experience in living away from home and handling personal finances. We held that a minor’s perspective can be evaluated by looking “ ‘for appreciation and understanding of the relative gravity and possible detrimental impact of each available option, as well as realistic perception and assessment of possible short term and long term consequences of each of those options ....’” 251 Neb. at 429, 558 N.W.2d at 788. Finally, with regard to the minor’s judgment, we noted that the “ ‘exercise of good judgment requires being fully informed so as to be able to weigh alternatives independently and realistically.’ ” Id.

In In re Petition of Anonymous 1, we concluded that the minor failed to sustain her burden of proving by clear and convincing evidence that she was mature within the meaning of § 71-6903(1). In so holding, we noted that the minor lived with her parents, had never lived on her own, and had never handled her personal finances or held employment other than a summer job detasseling com. Also, the minor’s testimony failed to show that the minor understood the gravity and impact of the parenting or the adoption option or that she appreciated the short- and long-term consequences of her desire to seek an abortion. [489]*489Finally, we were concerned with the fact that the minor was unable to communicate to the judge a sufficient understanding of the medical procedure involved, of the associated risks, or of any alternatives to abortion.

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In Re Anonymous 2
570 N.W.2d 836 (Nebraska Supreme Court, 1997)

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Bluebook (online)
570 N.W.2d 836, 253 Neb. 485, 1997 Neb. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-anonymous-2-neb-1997.