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ALABAMA COURT OF CIVIL APPEALS
SPECIAL TERM, 2017 _________________________ 2160759 _________________________ In the Matter of Anonymous, a minor
DONALDSON, Judge.The Alabama Legislature has provided that, generally, anabortion cannot be performed upon a minor without "the writtenconsent of either parent or the legal guardian of the minor."§ 26-21-3(a), Ala. Code 1975. The legislature has alsoprovided that a juvenile court may waive the parental-consentrequirement in specific circumstances. § 26-21-3(d) and §26-21-4, Ala. Code 1975.
2160759In this case, a 12-year-old minor who is in the custodyof the Department of Human Resources ("DHR") petitioned thejuvenile court to waive the requirement that she obtainparental consent for an abortion. The record shows that theminor had been impregnated by an adult relative while theminor was in the custody of the minor's mother; that the minorhad been removed from the custody of the minor's mother by DHRfive times; and that the identity and whereabouts of theminor's father were unknown. After hearing testimony from theminor and a DHR caseworker, and after considering otherevidence, the juvenile court found that the requirements forwaiving parental consent established by the legislature hadbeen met. Under the applicable standard of review, discussedinfra, we must affirm the judgment of the juvenile court. The facts underlying this appeal are largely undisputed.After the minor filed a petition seeking the waiver ofparental consent to have an abortion, the juvenile courtissued an order setting the matter for a hearing, appointingan attorney and a guardian ad litem for the minor, andnotifying DHR and the district attorney of the county in whichthe minor was located, as required by § 26-21-4(i), Ala. Code2
21607591975. All those parties participated in the trial on theminor's petition. At the time of the trial, the minor was 12 years old andhad been pregnant for approximately 13 weeks. The minor'spregnancy was the result of statutory rape committed by anadult relative that occurred while the minor was in hermother's custody.
1
The minor had been living in a home withher mother, her stepfather, her four siblings, and an uncle.The minor learned that she was pregnant after she complainedof stomach pain and visited a hospital with her mother.Although the record is not entirely clear, it appears that theminor's mother had become physically abusive after learning ofthe minor's pregnancy, that law enforcement was contacted, andthat the minor and her four siblings were placed in thecustody of DHR, pursuant to dependency proceedings.
2
Afterentering DHR's custody, the minor was taken to anotherhospital for prenatal care. After the minor indicated that shewanted to end the pregnancy, the minor was referred to a
1
The specific relation is not contained within the record.
2
The dependency proceedings remained pending at the timeof the trial in this action.3