The ruling blocked the 16-year-old from the procedure because she does not have parents to consent to her request. At this time, she is living with a relative, but has an appointed guardian.
While it has always been a law that parental consent is required for minors to have an abortion in the state of Florida, a new law signed by Governor Ron DeSantis requires that approval to be on a notarized document.
However, the law does allow a judge to waive the consent requirement through the “judicial bypass” process. In the case of this teen, Escambia Circuit Court Judge Jessica Frydrychowicz’s ruling was upheld. The decision came because the majority opinion believed that she was not “sufficiently mature to decide whether to terminate her pregnancy.”
Another Florida law was passed by DeSantis banning abortions after 15 weeks of pregnancy. The legislation has been in effect since July, yet it is currently being challenged before the Florida Supreme Court. While details of the original case are not available to the the public, information regarding the decision has been revealed thanks to Judge Scott Maker’s opposition to the ruling.
In his own opinion, he shared details that argue why the 16-year-old should be granted permission to move forward with the procedure. Judge Markar also believes the case should be sent back to Frydrychowicz for another hearing.
According to Markar, before the teen made the decision to request the termination of her pregnancy, the young girl experienced new trauma through the death of a friend. Furthermore, she filed a hand-written form that stating that she “is not ready to have a baby.” Her appointed guardian also shared that they are “fine with what [she] wants to do.”