In the Interest of Doe

33 A.3d 615, 613 Pa. 339, 2011 Pa. LEXIS 3100
CourtSupreme Court of Pennsylvania
DecidedDecember 22, 2011
StatusPublished
Cited by12 cases

This text of 33 A.3d 615 (In the Interest of Doe) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Doe, 33 A.3d 615, 613 Pa. 339, 2011 Pa. LEXIS 3100 (Pa. 2011).

Opinions

OPINION

Justice BAER.

Under prevailing decisions of the United States Supreme Court, the federal Constitution has protected a woman’s right to choose to have an abortion before viability and to obtain the abortion without undue governmental interference. Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973). The High Court has ruled that a state may require a minor seeking an abortion to obtain the consent of a parent or guardian, provided, however, there is an adequate alternative procedure in place permitting the “judicial bypass” of the parental consent requirement for minors that the court finds to be mature and capable of consenting to an abortion. Planned Parenthood v. Casey, 505 U.S. 833, 899, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992) (plurality); Bellotti v. Baird, 443 U.S. 622, 643, 99 S.Ct. 3035, 61 L.Ed.2d 797 (1979) (plurality); Planned Parenthood v. Danforth, 428 U.S. 52, 74, 96 S.Ct. 2831, 49 L.Ed.2d 788 (1976) (holding that in order to prevent another person from having an absolute veto power over a minor’s decision to have an abortion, a state may not impose a blanket provision requiring the consent of a parent).

After these legal principles were announced, the General Assembly enacted the Pennsylvania Abortion Control Act (“Act”), Act of June 11, 1982, P.L. 476, No. 138 (as amended, 18 Pa.C.S. §§ 3201-3220). As a general rule, our Legislature has declared that, absent a medical emergency, a physician shall not perform an abortion upon an unemancipated pregnant woman under the age of 18 years without the informed consent of the pregnant woman and one of her parents. 18 Pa.C.S. § 3206(a). Germane to the issue before us, however, the Legislature further provided for the “judicial bypass” of the parental consent requirement and the judicial authorization for an abortion performed upon a minor where the court finds that the minor is “mature and capable of giving informed consent to the proposed abortion, and has, in fact, given such consent.” Id. § 3206(c).1

[618]*618As discussed more fully herein, the trial court in the instant case denied the minor’s application for judicial authorization for an abortion, reasoning, in significant part, that because the minor did not seek parental consent, she was not “mature and capable” of giving informed consent independently. The Superior Court affirmed the trial court’s denial of judicial authorization, finding no abuse of discretion.

In this appeal, we examine the standard of review applicable to the trial court’s denial of the minor’s petition for judicial authorization for an abortion, and determine whether the trial court may, under the Act, deny judicial authorization based upon the minor’s failure to obtain parental consent. For the reasons that follow, we hold that an appeal from the denial of a minor’s petition for judicial authorization for an abortion shall be reviewed under the abuse of discretion standard. Additionally, we hold that a trial court lacks statutory authority to deny a minor’s petition for judicial authorization for an abortion based on her failure to obtain parental consent. Premised upon these conclusions, we vacate the order of the Superior Court, which affirmed the order of the trial court.

The record discloses that on or about March 19, 2010, a minor identified as Jane Doe (“Appellant”) filed an Application for Judicial Authorization of an Abortion pursuant to 18 Pa.C.S. § 3206.2 The trial court held a confidential hearing regarding the application on the same day. Appellant testified that she was three months shy of her 18th birthday, and ten weeks pregnant. She explained that she was a high school senior with average grades, planned to attend college, and aspired to become a lawyer. She testified that during the previous week, a physician examined her, confirmed her pregnancy, and explained the procedure of an abortion, as well as the risks and complications. The physician also informed Appellant of alternatives to abortion, such as adoption, and raising the child herself. Appellant indicated that after fully considering the procedure, the risks, and the alternatives, she decided to proceed with the abortion, which was tentatively scheduled for later in the afternoon on the date of the hearing.

Additionally, Appellant testified that she did not obtain the consent of her mother, with whom she resided, because she feared her mother would “throw her out” if she discovered she was pregnant. N.T. 8/19/2010 at 11.3 She stated that she would be unable to provide adequate care for a child because she was unemployed and planned to attend college in the fall. Appellant indicated she was not pressured or forced into making her decision to have an abortion, and instead reached her conclusion knowingly and voluntarily.

[619]*619The trial court thereafter questioned Appellant, discovering that her pregnancy was unplanned, that her boyfriend was the purported father, and that he did not object to the abortion. The court also elicited that Appellant’s sister and Appellant’s brother’s girlfriend had experienced unplanned pregnancies, and that both are struggling financially to take care of their children, but are “getting through it.” Id. at 23. She explained that her mother was “happy” about her siblings having children because they, unlike her, “were old enough and actually on their own already to have children.” Id. Appellant further acknowledged that, as a high school student, she was financially dependent upon her mother. She also stated she was aware that there were agencies that could assist her in raising and caring for her child, although she could not recite such agencies by name.

Upon further court inquiry, Appellant testified that she consulted her boyfriend’s sister about whether to have an abortion. Appellant responded in the negative when the court inquired whether the abortion provider offered her printed materials listing available agencies that would assist her in adoption; she did, however, agree with the court that adoptive parents could possibly provide a home for a child. Appellant further acknowledged the medical and emotional risks of abortion, but reiterated that she was unable to care for a child, and that her future plans would be jeopardized if she were forced to do so. Recognizing that her decision to terminate her pregnancy was the most significant decision she had ever made, Appellant stated that she was “not physically, mentally or emotionally ready for this baby.” Id. at 35.

At this point in the proceedings, the trial court reserved judgment on Appellant’s application on the ground that the abortion provider never gave her printed materials regarding alternatives to abortion, which the court found to be required by Section 3205(a) of the Act.4 Appellant’s counsel promptly requested a brief recess to allow Appellant to retrieve and review the enumerated printed materials from the abortion provider, and to reschedule her abortion for a later date. The trial court granted this request, and adjourned the hearing.

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Bluebook (online)
33 A.3d 615, 613 Pa. 339, 2011 Pa. LEXIS 3100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-doe-pa-2011.