A 14-year-old Corpus Christi girl is in the midst of a court battle to stop her family from forcing her to have an abortion.
The Corpus Christi Caller-Times reports that the unnamed girl claims that her family scheduled an abortion appointment for her against her will. When she protested they have been making her life a living hell.
The girl secretly texted the pro-life legal group, Texas Center for the Defense of Life, when she was seven weeks pregnant seeking help.
They appointed her a lawyer, Stephen Casey. Casey says his client claims family members kept her from going to school, and she accuses one cousin of "physically assaulting her by grabbing her by the neck, hitting her across the jaw and threatening to beat her if she didn't get an abortion." Another cousin allegedly said the girl was "mentally unstable" and incapable of caring for a child.
The 14-year-old is now 10 weeks along and living with the baby's father's relatives who support her decision either way. The young couple still has not decided to keep the baby or place it up for adoption.
Judge Missy Medary of the 347th State District Court of Texas has issued a temporary restraining order preventing her family "either directly or indirectly from forcing her to have an abortion against her will." It's in effect until a hearing on January 19, at which point Medary will decide whether to extend it for the full length of the girl's pregnancy.
The TCDL CEO Greg Terra says, "We intend to fully support this young woman in her desire to allow her child to live. Every mother has the legal right to keep her unborn child, against the coercion of others, and we intend to support her decision in this case."
Because the case is so complicated, I decided to contact one of the top defense attorneys in Houston, Mr. Wendell Odom Jr. He's best known to the public for representing Andrea Yates after she tragically drowned her five children, to serve up his thoughts.
When I asked him if a parent is legally allowed to force a minor to have an abortion he Mr. Odom served up this response in an email:
"Your question about a parent being able to force their child to have an abortion is one for a law school discussion on constitutional law. It raises several issues.
One, a parent might be able to force an abortion if there were health issues that would endanger their daughter. Two, a child has constitutional rights and a parent cannot always decide all issues for the child. Three, a parent cannot force an abortion if the child is old enough to understand the implications of having the baby.
The Corpus Christi case you sent me is a good case in point – the court has stopped the abortion until further inquiry has been made into the matter i.e. until there has been a determination that the child wants to have the baby, that she is old enough to understand her decision and that she is voluntarily making the decision.
Now having said the above this could get real sticky fast. What if the child was mentally retarded or too young to know? What if the pregnancy could cause a major health risk to the child? What if the child was pregnant for the sole purpose of selling the baby? What if, what if, what if?"
When I went on to ask him if he were a lawyer or judge in this case what would he advise? He responded, "My advice would be that you could not "force" your daughter to have an abortion."
What's your take?
Viewers serve up their thoughts:
Kim writes: it depends on what the state's age of consent is. If it's UNDER 16 then she may not have a leg to stand on. As for abortion. I'd say no, but making her carry the child until the end then putting the baby up for adoption should be an option.
Candi writes: That's terrible. There are so many repercussions to that - emotional and possible physical trauma. Her family should not be able to force her to do that.
Jason writes: My thoughts? If the kid has an abortion and kills the unborn baby, It does not matter who makes it happen, parent or adult. It is just wrong. Another thought is that the parents are being very strong and active in the girls life, but where were they a few months ago when they allowed this kid to have the ability to be in the "position" to have this happen in the first place?
Jessica writes: She knows she helped create the child, now she is responsible for the child. I personally, am proud that though she is a baby herself, she wants to give another child a chance.
Zenon writes: DaYm! Crazy situation but no matter the outcome. she should be grounded till she's 18 after all this mess. And her parents need to keep a better eye on their kid as well. its a 50/50 deal here. The parents are 50% at fault and the kid is 50% at fault as well. Too bad U can't ground the parents too.
Diane: can't force her to and she don't have to live there either.
Lisa: Sure as hell can. a 14yo is neither mature enough to care for a child...or employed enough....my tax dollars will end up supporting the little bastard...screw that!
Janeisy: Nope they can't... There r other things, such as adoption, that she could do.. abortion isn't always the answer... The girl will b the one carrying on the guilt of killing her baby the rest of her life, not the parents
Mrs'Craazy: My OPiNiON.. I was a teen mom and from what I've seen I take care of my daughters better than I've seen older momz take care of theirs so they should let her take care of the kid for a few months and see if she's capable of taking care of it and see if the baby daddy will be able to take care of both of them and if they can't well they should be forced to put it up for adoption;.
Carla: Abortion should always be a choice. That little girl doesn't want to so that's that. The parents should gave been more proactive about preventing this before rather than trying to force their daughter to abort now.
Ameera: that's messed up. she made a mistake. let her tend to it. props to the girl for going the extra mile to save her unborn child.
Andrea: Yes. Is she younger then 18. YES!!!... There still young and the parents still have the right till there kids turn 18.
Linda: It doesn't matter if she's old enough to take care of it or not. No one forced her to go out an have sex, so she needs to suffer the consequences. If she can't do it, she can always put it up for adoption. There plenty of families who want kids who can't have them. Abortion is never necessary. Only if you got raped or if your creepy uncle or dad decided to take advantage of you.
Lisa: What's funny is all u people fighting for the child to live but forget the quality of life it would have with a teen mother or being put up for adoption...another liability to society created by bleeding hearts over a FETUS
Larry: That family is wrong. If the girl believes she can handle, I think the parents should be supportive about her choice, and if she cannot handle it, there are other options. Like adoption or foster care. Pro-Life!!
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And that's today's helping of Online Dish.
