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before the opinion is printed in Southern Reporter.

ALABAMA COURT OF CIVIL APPEALS

OCTOBER TERM, 2008-2009

2080100


In the Matter of Anonymous, a minor

On Return to Remand

PER CURIAM.

In In re Anonymous, [Ms. 2080100, November 10, 2008] ___
So. 2d ___ (Ala. Civ. App. 2008), we remanded this action to
the juvenile court with instructions to enter a new judgment
containing written, specific factual findings and legal
conclusions supporting its decision to deny an unemancipated
minor a judicial waiver of parental consent for an abortion

and to transmit its new judgment to this court no later than

5:00 p.m. on Wednesday, November 12, 2008. The juvenile court

has complied with our instructions.

In pertinent part, the new judgment of the juvenile court

states:

"This matter comes before the Court pursuant to
the Remand Order of the Alabama Court of Civil
Appeals dated November 10, 2008, number 2080100.

"Based on the facts and evidence presented ore
tenus, the Court finds the following:

"1) The minor is not sufficiently mature and
well-informed enough to make the abortion decision
on her own; and that

"2) The performance of the abortion would not be
in the minor's best interest.

"These conclusions are based on the following
factors, observations and circumstances:

"a.) The minor already has one child living with
her and her mother. The minor gave no indication
that her mother, if told about the pregnancy, would
abuse, neglect, or in any way fail to care for her
and another baby. The minor merely indicated that
her mother would be upset and disappointed to find
out about another pregnancy. Additionally, she gave
no indication that telling her father about the
pregnancy would result in abuse or neglect, or
whether he might be able to offer assistance, only
that she and her father were not close and she did
not wish to tell him. It should also be noted that
her father did not reside with her and her mother.

"b.) The minor admitted that although she had

been on birth control, she stopped it for medical
reasons and apparently did not replace it with any
other form of birth control. The Court found this to
be an indication of poor judgment, poor insight,
failure to learn from prior mistakes, and
immaturity.

"c.) The minor admitted that she had not spoken
with Save-A-Life or any similar agency from which
she could have gathered more information about
alternatives to abortion. She stated only that she
had met with an abortion clinic and been told about
adoption and other options by that clinic.

"d.) When asked how she felt about the abortion
and what it meant, the minor indicated that she
would ask God to 'forgive' her for what she was
doing. The Court felt this statement, taken in the
context of all the evidence and circumstances,
indicated a lack of insight into the potential,
emotional after-affects of abortion. Additionally,
when asked what she believed she was carrying inside
of her, she indicated that she considered it to be
'a baby.' None of this testimony relieved the
concerns of this Court regarding the minor's
maturity, knowledge and understanding of the
abortion process. She appeared to be uncertain, at
best, about the emotional/psychological implications
of abortion and her own feelings about it. For
example, although she indicated that having an
abortion was the right thing to do, she also seemed
to feel that it was something for which she would
require forgiveness.

"e.) The minor has an older brother (20 years
old), but she did not tell him about the pregnancy
either, although no indication was given that he
would not provide assistance to her if asked.

"f.) The minor is not currently working. She and
her current baby live with her mother, who helps
care for both of them. Given her current

circumstances, her failure to consider birth control
options indicates impulsivity and lack of judgment.
Although it could certainly be argued that most, if
not all, minors experience poor judgment and
impulsivity, this particular set of facts reveals a
pattern of poor decision-making and lack of insight.

"g.) When asked why adoption was not a
consideration, the minor voiced her feeling that if
she carried the baby to term and saw it, she would
not be able to give it up for adoption. This
rationale again indicates, at least to this Court,
that the minor had not thought this process through,
and may have serious emotional conflicts about
abortion which she has not faced, has apparently not
been counseled about, and has little insight into.

"h.) Lastly, the findings of this Court in this
matter were based on and reflect the concerns of the
legislature in Section 26-21-1, [Ala. Code 1975,] to
wit:

"'(1) immature minors often lack the
ability to make fully informed choices that
take account of both immediate and long-range
consequences,

"'(2) the medical, emotional and
psychological consequences of abortion are
serious and can be lasting, particularly when
the patient is immature,

"'(3) the capacity to become pregnant and
the capacity for mature judgment concerning the
wisdom of an abortion are not necessarily
related,

"'(4) parents ordinarily possess
information essential to a physician's exercise
of his best medical judgment concerning the
child, and

"'(5) parents who are aware that their
minor daughter has had an abortion may better
insure that she receives adequate medical
attention after her abortion. The legislature
further finds that parental consultation is
usually desirable and in the best interests of
the minor.'"

In In re Anonymous, 964 So. 2d 1239 (Ala. Civ. App.

2007), this court stated:

"A juvenile court shall grant a petition for a
waiver of parental consent to an abortion if it
finds either '(1) [t]hat the minor is mature and
well-informed enough to make the abortion decision
on her own; or (2) [t]hat performance of the
abortion would be in the best interest of the
minor.'

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