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parental rights in florida
QUESTION
My 17 year old daughter had an abortion in St. Petersburg, Fl. on 02/22/08. The state requires parental notification in regards to abortion, but prior to my daughters abortion, neither my ex-husband or myself was notified. My daughters told me that there was a way around this. She told me that someone, not either of her parents gave permission. Not only have my parental rights been circumveted but she has been damaged by this as well as our family and extended family unit. What legal rights do I have? Can I go after the abortionist who performed this? On a side note, the father of her baby was 22 and as I have previously mentioned, she is 17. He was also her manager at AMC Theaters. I didn't even know she was in a relationship with him...primarily because she knew that I wouldn't allow it. He has since been fired for sexual harassment because of his relationship with an employeee. I made a claim to AMC corporate offices.
We live in Palm Harbor, FL. right now but are moving to La Quinta, CA. in August. My daughter would like to attend a Rachel's Vineyard Retreat when moved.
Joyce Davis
ANSWER
I am not an active practicing member of the bar in Florida so I cannot give you a specific answer to your question. I suggest you contact a FL attorney for a specific expalnation of your rights.
I will say that the FL parental notification law has numerous exceptions including what is known as judicial bypass. That means that the abortion facility could have contacted a judge on behalf of your daughter and obtained a waiver of the obligation to notify parents.
Please contact a pro-life attorney in FL. I recommend my friend, Rick Nelson at 407-786-7007. I also believe it would be an excellent idea for your daughter to attend an RV retreat.
Surrogate Mothers
QUESTION
I am working with surrogate mothers who are dealing with the need to heal from their involvement in surrogacy arrangements. Many of them are struggling to heal - some from the loss of their child to others after bonding for 9 months, some from the shame of giving the child to a couple who paid them money, some because they accepted money to give the child to a gay couple that they believe are not in the best interests of their child.
What many of these contracts contain is that the surrogate is contractually required to have abortions of the multiple implanted children thru "selective reduction". I am interested in hearing from anyone who is aware of surrogates who have been contractually obligated to go thru abortions via surrogacy contracts or those surrogate moms who were so opposed to the intended parents of the surrogate child that they pursued an abortion of the child to keep the child from going to the intended parents.
Thank you
Surrogate
ANSWER
I am not aware of surrogates who have been contractually obligated to abort through "selective reduction" nor am I aware of any surrogate mothers who have aborted a child rather than delivering the child to parents they deem unacceptable.
I will say that this area of law is determined by the contract among the parties to the surrogacy arrangement. The typical surrogacy contract requires the "carrier" to comply with the directions of the fertility doctor/clinic with respect to disposition of any "unused" embryos as well as all medical/treatment decisions. Failure to do so is considered a material breach of the contract and subjects the "carrier" to significant legal penalties.
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