05-23-2003, 05:08 PM
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#1 (permalink)
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Registered User
Location: Somewhere in Ohio
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Judge orders abortion for disabled woman
LINKY
Quote:
Judge orders abortion
for disabled woman
28-year-old also to undergo tubal ligation to bar future pregnancies
A Miami judge has ruled a mentally disabled rape victim should have an abortion because the pregnancy could be life-threatening, according to local press reports.
The woman, whose identity is not being revealed, is mentally retarded with the cognitive abilities of a 4-year-old, deaf, prone to having seizures and has a shunt in her brain to drain excess fluid.
Police believe the woman was raped, and likely more than once.
Medical experts say carrying the pregnancy to full-term would be dangerous for her and may result in the baby being deformed. The mother of the woman asked for the pregnancy to be terminated.
"My main concern now is my daughter,'' she told the South Florida Sun-Sentinel. "When I heard that heartbeat, you will never know what it did to me. But I can't be asked to choose between my grandchild or my daughter."
Doctors at Jackson Memorial Hospital scheduled an abortion for last week, reports the Sun-Sentinel, but chose not to perform it because the baby appeared to be developing normally and there was no medical reason to terminate the pregnancy.
Yesterday, the woman's newly appointed guardians asked the court to decide the fate of the 23-week-old unborn baby.
"My baby no more,'' the disabled woman reportedly told the judge at the hearing.
Lewis Fogle, the woman's court-appointed attorney, told Circuit Judge Arthur Rothenberg that after looking into the case and communicating with her as much as he could, he concluded she wanted an abortion.
In a brief order issued today, Rothenberg agreed to the abortion and also ordered the 28-year-old woman to undergo a tubal ligation to prevent future pregnancies, reports the Miami Herald.
Rothenberg also ordered a DNA sample from the unborn baby be preserved so that police can identify the rapist, according to the paper.
The ruling may have an effect on the controversial case of a disabled 22-year-old Orlando woman who was also raped while under the care of Florida child-welfare authorities.
As WorldNetDaily reported, Gov. Jeb Bush intervened in the case, requesting a guardian be appointed to represent the interests of the unborn baby.
His involvement came after officials with the Department of Children & Families, or DCF, initially filed an emergency petition asking a circuit judge in Orlando to appoint separate guardians for the woman and the child, but later dropped the request, citing a 1989 Florida Supreme Court ruling in a landmark abortion-rights case.
Bush, who opposes abortion, overruled the agency and ordered lawyers to seek a guardian for the unborn baby.
"Given the facts of this case, it is entirely appropriate that an advocate be appointed to represent the unborn child's best interests in all decisions," Bush said in a statement. "While others may interpret this case in light of their own positions, we see it as the singular tragedy it is, and remain focused on serving the best interests of this particular victim and her unborn child."
The ACLU, along with the National Organization for Women and Center for Reproductive Rights, filed a court brief asking the court to deny the governor's request, claiming such a judgment would go against precedent that a "fetus" is not a person.
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So what are you opinions on this topic.
Should disabled people be allowed to have children?
I say no.
There's no way in hell that a disabled person with cognitive abilities of a 4-year-old can raise a child properly. I dare someone to prove me wrong. The only way in hell that it can work is if there is someone living with the disabled adult taking care of them and the child. I say fuck that. Abort!
I can bet I'll be standing alone with my opinion.
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