My 13 year old granddaughter was raped, my son in law is one of these born again Christians, he refused to allow her to be given the plan B pill, she is now pregnant, my daughter wants her to have an abortion, she is already mentally scarred, and on an IV drip in hospital due to excessive vomiting the doctors have said in her case a termination is best, she is very small and will no doubt need a C-section, my SIL is refusing to allow it, does my daughter have any legal grounds to take him to court and force a termination, my granddaughter does not want to go through a pregnancy and her therapists say it would be detrimental to her mental health, as to her physical. She will miss time from school, be physically scarred if she has a C-section or have to under go intense pain of labor, he just can't see she has suffered enough!....They live in NY state.
2007-12-13 07:37:25 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
She can easily tell the Abortion Clinic that she is a single mother and he will never know. She just shouldn't tell him where she had it done either. In NY, you can have an abortion without a second parent's consent because you don't even need consent to get it done. Your son in law should want her to have an abortion. She was raped and has a lot more in life to look forward to than to take care of a child she never wanted or asked for. As long as your daughter does not mention her husband, she'll be able to get the abortion done for her.
Good Luck, hopefully everything works out with your family.
2007-12-13 07:56:19 · answer #1 · answered by Rica 82 5 · 0⤊ 1⤋
The operation needs the consent of either parent. Your daughter can sign the consent and the medical profession will take it from there.
Your daughter needs to get geared up for the divorce that needs to follow this procedure. Your son-in-law cannot legally block an MD from carrying out the procedure if your daughter signs the consent.
2007-12-13 16:03:20 · answer #2 · answered by Anonymous · 1⤊ 1⤋
YOur daughter is an adult and the child's legal parent. Tell her to authorize the abortion and go on.
NY has NO parental consent law; the child can make the decision WITHOUT either of your permission.
2007-12-13 15:41:50 · answer #3 · answered by wizjp 7 · 1⤊ 0⤋
Contact the NY State Bar Association
2007-12-13 15:45:57 · answer #4 · answered by Wounded Duck 7 · 0⤊ 4⤋
If your daughter is her mother (you didn't clarify that) I believe she can just take her to an abortion clinic and get it done. It might ruin the relationship, but if I had to choose between my child and an insane spouse I'd choose my child.
2007-12-13 15:42:33 · answer #5 · answered by Anonymous · 2⤊ 1⤋
PARENTAL CONSENT OR NOTICE
Thirty-eight states have laws that prevent a minor from obtaining an abortion without parental consent or notice (AL, AK, AZ, AR, CA, CO, DE, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NM, NC, ND, OH, PA, RI, SC, SD, TN, UT, WV, WI, WY). Nine more states have parental consent or notice laws on the books that are not enforced (AK, AZ, CA, CO, IL, MT, NV, NM, SD). California's Supreme Court has found that state's law in violation of the California Constitution. Twenty-eight laws are actually enforced (AL, AR, DE, GA, ID, IN, IA, KS, KY, LA, ME, MA, MI, MN, MS, MO, NE, NC, ND, OH, PA, RI, SC, UT, WV, WI, WY). Two states provide for a physician waiver of the notice requirement (MD, WV). One state (CT) requires counselors to discuss of the possibility of parental involvement. Maine allows a minor to receive counseling in lieu of parental or judicial consent.
According to current law she doesn't need parental consent in NY. She can simply go take care of it. Mom should be there for moral support, and to make sure she is ok. Dad? Sorry, but his wife/her mother needs to assert herself.
2007-12-13 15:48:17 · answer #6 · answered by Anonymous · 2⤊ 1⤋
It will take a lawyer. Even a well qualified lawyer that has done that EXACT thing before could not post enough information here for you to do it on your own.
2007-12-13 15:42:02 · answer #7 · answered by davidmi711 7 · 1⤊ 3⤋