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Can abortion be forced on a minor by a legal guardian?

 
 
Reply Sat 29 May, 2004 02:18 pm
I'm not really sure if this is relevant to the board, or what is supposed to be posted here, as I just joined this site. However, does anybody know if legal guardians or parents have the right to make their child get an abortion if she was pregnant? Is that legal?
 
Noddy24
 
  1  
Reply Sat 29 May, 2004 03:32 pm
State laws vary. How old is the minor child? There is a big difference between 14 and 17.
dorkette
 
  1  
Reply Mon 31 May, 2004 03:06 pm
This person was 15 and lived in Cleveland, Ohio.
0 Replies
 
Noddy24
 
  1  
Reply Mon 31 May, 2004 06:09 pm
I don't know the laws in Ohio. I do know that parental wishes have more clout with medical people than a 15 year-old's wishes. As to whether this is "legal" or not, I don't know.

I gather that the abortion is now a fact of the past?
0 Replies
 
fishin
 
  1  
Reply Tue 1 Jun, 2004 07:47 am
I doubt it would be legal and I can't imagine any doctor in their right mind performing a forced abortion.

EDIT: Let me update this: Under OH Law (R.C. 4731.91) "No person may be required to participate in medical procedures which result in abortion."

So that would mean the answer is "No".
0 Replies
 
joefromchicago
 
  1  
Reply Tue 1 Jun, 2004 09:21 am
This is about as far from my area of legal expertise as anything could be, but I'd guess that the minor could not be compelled to have an abortion against her will.

As a general matter, a parent or guardian is entrusted with the legal responsibility of making decisions on behalf of a minor. In cases where a parent or guardian acts contrary to the interests of a minor, however, the minor should ask the court to appoint a guardian ad litem (GAL) to represent her interests. In a large city like Cleveland, these matters might be handled through a public guardian's office, which is a branch of the court. The GAL would then represent the minor against the parents, if that is what is deemed in the minor's best interests (this sort of thing happens most often in cases where, due to religious reasons, parents refuse to authorize medical treatment for their children).
0 Replies
 
shewolfnm
 
  1  
Reply Tue 1 Jun, 2004 09:30 am
I know nothing about laws. I just hope that there is no law anywhere that can force someone to have an abortion against thier will. I do know that there are laws for those who do feel that they ARE being forced into that kind of action ( or decision ) . You would probally find more information looking for defence laws in that case. Everyone has such a back and forth belief on abortion....it seems anything can be true.
0 Replies
 
harmonic
 
  1  
Reply Thu 10 Jun, 2004 02:19 am
I have something to say here. I do hope this doesn't stir things up, and that the statement is seen as a topic instead of a counter.

I am not really for, or against, the matter in general, but I have to say that if it were possible to "force" an abortion, the child's father should be the only person to have this right.

I say this in recognition of how completely unjust the issue of reproductive rights is in general. The legallity of the act is given to women based on the "right to choose"; The women have created this thing that they have to lug around for nine months. I agree completely.

The father also created this thing, but he has no reproductive rights.


Just food for thought...
MyOwnUsername
 
  1  
Reply Thu 10 Jun, 2004 03:53 am
I agree with harmonic on certain levels. I already said once: I wouldn't ban abortion, but ONLY if father is okay with that too. If pregnancy is NOT result of rape or there are no serious medical problems that could endanger mother's life, I think father has vote of equal strength and in further development, if one is for life, life has to be choosen.

We are not in 12th century. If you encountered sexual act you also know risks. So, if a father wants child to be born (once again: and it was willing sex, and no medical problems) I would never allow mother to have abortion. Of course, some additional legal procedures must be done - in such situation it must be clear that father is actually willing to take care of that baby.
0 Replies
 
Wildflower63
 
  1  
Reply Sun 13 Jun, 2004 10:50 pm
This is just a scenario that I question. I have a 13 year old daughter. She is very attractive. She says no to sex now, but it only take one time.

As a parent, I do not feel it is humane or right to expect my 13 year old daughter to go through pregnancy, childbirth, and infant care. I am also against adoption of my blood.

Do I, as a parent, with knowledge of this grand responsibility, have the right to make a decision of abortion, for a 13 year old daughter. I am her mother. She wont even clean her room, unless I force her to. I can't say that she would be a capable parent at all. She is too young and immature. There is also the life of the unborn to consider. What kind of life can she and boyfriend give? I know the answer to that! Nothing at all.

As the parent of a minor child, shouldn't I have the right to decide what is best for my daughter and family? Do any of you honestly think that a teen can provide and be a parent to an infant without parental help? They can't.

We all know the problem of the infant or child, they will have no father at all. Do you all know just who this problem becomes? The maternal grandparent, like me. I should have every legal right to accept or reject this responsibility of life.

I should be able to force my minor daughter into abortion, for her and the unborn child's benefit. She has nothing to offer. I could, if I had the time to be a parent again. I believe every child should have two parents and where is the father going to be? Anywhere but with this girl and baby!! Boys can walk from responsibility. Girls can't.

I know what is best for my children. If I backed off every time they objected, they would never have basic immunizations because they were scared of a shot. I forced them to be calm and talked them through it. If it were up to my kids, they wouldn't have basic immunizations, which they need.

We are not talking about adults. We are talking about minors, ill equipped to raise a child and needing an education. Boys never really pay, but girls do.

As a parent of a 13 year old daughter, I would force her to abortion, for her future and feel I did the right thing. She knows nothing about parenting, being a kid herself. The teen father can offer nothing. I think life deserves better than this.

I don't know what law is on this subject. I know that I am an adult mother of two children and single parent and how hard life really is. I would never give my life to my daughter because of stupidity of childbirth, which father's never really take responsibility for.

Who cares about the law on this one. I go for serious manipulation of a teen to give her a shot at life!!
shewolfnm
 
  2  
Reply Sun 13 Jun, 2004 11:32 pm
I think that if the father of the child is going to step into the picture and stop the mother from having an abortion for what ever reason, he should then have to take on sole custody. If that cannot be arranged, he should have to either 'reimburse' her so to speak for making her live with a decision she didnt want to make or.. in a way.. he should be sued.
I know that sounds stupid... but if a man.. ANY man can say that he doesnt want his g/f ...wife... one night stand... what ever , to have an abortion and have that statement recieve legal recognition, there should also be punishment laws to ensure that the father isnt just saying that to be hateful...or to try to control the woman. Make sence?
0 Replies
 
MyOwnUsername
 
  1  
Reply Mon 14 Jun, 2004 03:38 am
yes shewolf and I completely agree with you. If father is against abortion (and it's not rape and there are no serious medical problems for mother) then abortion shouldn't be allowed, but he has to be prepared or maybe even forced somehow to take care of that child.
Although, it is bit tricky subject, because mother that does not want to have abortion but also does not want to take care of baby can give the baby to centers for babies without proper parental care and there is no legal action. I mean, at least that's how it is in Croatia.
0 Replies
 
shewolfnm
 
  1  
Reply Mon 14 Jun, 2004 08:00 am
Wow, that must be a hard law to enforce or a horrible stance to take for the dad. Is that a new law in croatia?
0 Replies
 
MyOwnUsername
 
  1  
Reply Tue 15 Jun, 2004 02:10 am
No, I meant that in Croatia there are no legal action if parents or only mother give baby to special centers for children without parental care Smile
Otherwise, abortion is completely legal in Croatia, although there are lot of voices against it in media, but without any effect.
0 Replies
 
harmonic
 
  1  
Reply Tue 15 Jun, 2004 04:04 am
I think about this quite often, but it's very hard for me to articulate my feelings on the subject. I am male, and inexperienced in general. However, the nature of a forum has to do with provision for expression, and this gives me confidence enough to speak.

To re-focus myself on the legal issues, I have done some research and plenty of thinking. The re-embursement issue has been addressed and falls under the penalty of non-payment laws. I am usually against the creation of new laws or the refinement of current ones, but this one does need another look in my opinion. There is too much left up to local interpritation. Most laws (that I know of) on the subject of reproductive rights are or are not enforced under too little definition, and that is just a reflection of how tough those laws are to interperate. This suggests to me that maybe this issue shouldn't be governed at all. Just as it is, the ultimate decision would be left to the female who is carrying the child.

As far as the reproductive rights of others close to her (and indeed the mother's own rights) go, I believe that any pertaining law should be focused on education, with enforcement dedicated to making sure that time and resources for this education are provided.
0 Replies
 
Wildflower63
 
  1  
Reply Sat 19 Jun, 2004 02:42 am
This is a complicated subject. It takes a concentual sexual act, on both parts, male and female, for conception to occur. We all know that any time a sexual act occurs that can lead to pregnancy, nothing is 100%.

This is something I have a definite opinion about, but wonder what other members think. A man has no choice at all, once conception occurs, whether or not they wish for the pregnancy to end or continue. Women have all the choice, even when an unborn child is completely unwanted by the father. Women have the choice to end a pregnancy where the child is wanted by the father also.

Where do you draw the line?
0 Replies
 
Miller
 
  1  
Reply Sat 19 Jun, 2004 05:53 am
fishin' wrote:
I doubt it would be legal and I can't imagine any doctor in their right mind performing a forced abortion.

EDIT: Let me update this: Under OH Law (R.C. 4731.91) "No person may be required to participate in medical procedures which result in abortion."

So that would mean the answer is "No".


"Be required"? Does that mean "forced"?

As you know, there are abortionists out there, who perform abortions and who aren't MDs.
0 Replies
 
Miller
 
  1  
Reply Sat 19 Jun, 2004 05:56 am
harmonic wrote:
I have something to say here. I do hope this doesn't stir things up, and that the statement is seen as a topic instead of a counter.

I am not really for, or against, the matter in general, but I have to say that if it were possible to "force" an abortion, the child's father should be the only person to have this right.
I say this in recognition of how completely unjust the issue of reproductive rights is in general. The legallity of the act is given to women based on the "right to choose"; The women have created this thing that they have to lug around for nine months. I agree completely.

The father also created this thing, but he has no reproductive rights.


Just food for thought...



The "father"? And what would you say, if the "father" had been a rapist, responsible for this child's pregnancy? He isn't the baby's father, he's merely a provider of sperm, in a criminal act, against the will of a female child.
0 Replies
 
GHBestfan
 
  1  
Reply Wed 30 Jun, 2004 02:46 am
Wildflower63 wrote:
This is just a scenario that I question. I have a 13 year old daughter. She is very attractive. She says no to sex now, but it only take one time.

As a parent, I do not feel it is humane or right to expect my 13 year old daughter to go through pregnancy, childbirth, and infant care. I am also against adoption of my blood.

Do I, as a parent, with knowledge of this grand responsibility, have the right to make a decision of abortion, for a 13 year old daughter. I am her mother. She wont even clean her room, unless I force her to. I can't say that she would be a capable parent at all. She is too young and immature. There is also the life of the unborn to consider. What kind of life can she and boyfriend give? I know the answer to that! Nothing at all.

As the parent of a minor child, shouldn't I have the right to decide what is best for my daughter and family? Do any of you honestly think that a teen can provide and be a parent to an infant without parental help? They can't.

We all know the problem of the infant or child, they will have no father at all. Do you all know just who this problem becomes? The maternal grandparent, like me. I should have every legal right to accept or reject this responsibility of life.

I should be able to force my minor daughter into abortion, for her and the unborn child's benefit. She has nothing to offer. I could, if I had the time to be a parent again. I believe every child should have two parents and where is the father going to be? Anywhere but with this girl and baby!! Boys can walk from responsibility. Girls can't.

I know what is best for my children. If I backed off every time they objected, they would never have basic immunizations because they were scared of a shot. I forced them to be calm and talked them through it. If it were up to my kids, they wouldn't have basic immunizations, which they need.

We are not talking about adults. We are talking about minors, ill equipped to raise a child and needing an education. Boys never really pay, but girls do.

As a parent of a 13 year old daughter, I would force her to abortion, for her future and feel I did the right thing. She knows nothing about parenting, being a kid herself. The teen father can offer nothing. I think life deserves better than this.

I don't know what law is on this subject. I know that I am an adult mother of two children and single parent and how hard life really is. I would never give my life to my daughter because of stupidity of childbirth, which father's never really take responsibility for.

Who cares about the law on this one. I go for serious manipulation of a teen to give her a shot at life!!



_____________________________________________________________
Hi i think you have a point that it's a hard responsablity. But if she wants to a mother then i think that it's her chose it's her path to take.And first of all why won't you support her not be againest her? anyways give her the speech and someday soon if she ends up pregnet she's going to need a giving and caring parent to help her through even though your not going to like!!!

If it's not in the law that you can FORCE your daughter to killing her not even developed fedis.then if she wants to keep it she can and your not giving your daughter a role model by saying that if she was to get pregnet then your going to manipulate your own blood. that shows what type of mother you are.But i can see that you care and you want your daughter to have a good future full of her dreams,but a baby changes everything good and bad.if it's truly want she wants when she getspregnet than it's up to you the MOTHER to alow your child to run free and have the baby.And hear this when you get an abortion expectly when your young there's an emtyness in side your heart that your body made room to love the baby and it's always in the back of your mind and in your heart that you lost a pieceof it so e-mal me back to tell me what you think
GHBestfan
 
  1  
Reply Wed 30 Jun, 2004 04:01 am
hello im mariah am 13 years old and my mother said that if i ever got raped and ended up pregnet she said that i would get A abortion cause she doesn't want anything to happen to me.But she knows that it would be so hard for me to know that i did something to a baby.Even though im so young i can take care of the baby i watched my mom take care of her 2 kids,I babysitted five 13 mo. old babys through out a year.and i've been babysitting for almost 7 years.and i could never give up a kid knowing that i could have been a great mother.if anybody has anymore Guestions then you can e-mail me.

she sayes that until i'm 18 years old she can force me to give up my child's life,if i got pregnet maybe i was meant to!!!!!!!

!!!!!!!!THANKS!!!!!!
 

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