Whose choice is it?

[Reba]

Nevada couple fights judge over hearings they fear could force them to end disabled daughter's pregnancy
Published November 05, 2012
| Associated Press

In a case watched by national anti-abortion organizations, a Nevada couple is trying to block a judge from holding hearings that it fears could result in the termination of their mentally disabled daughter's pregnancy.

The couple filed a motion asking the Nevada Supreme Court to halt the proceedings by Washoe County District Judge Egan Walker, arguing he lacks authority to make such a decision for their 32-year-old daughter, who has the mental capacity of a 6-year-old.

The couple says they have exclusive authority over their daughter's health care decisions as her legal guardians, and both they and the woman want to carry the baby to term in line with their Catholic religious beliefs.

The Supreme Court has set a noon Monday deadline for the judge and county officials to respond to the request to halt evidentiary hearings into the woman's health. The hearings are scheduled to resume Tuesday.

The couple acknowledges the pregnancy poses health risks to their daughter and the baby, but they say medical experts back them in their decision to continue the pregnancy. The woman was living in a Reno group home when she wandered away from it and became pregnant 13 weeks ago. The child's father has not been identified, said attorney Jason Guinasso, who represents the Nevada couple.

Guinasso said it's unknown whether the pregnancy resulted from rape or consensual sex, and The Associated Press is not naming the woman or her parents because it remains unclear. The circumstances are under investigation by the county public guardian's office.

"Does she understand all the risk? I doubt it," said Guinasso. "But we do know the guardians understand the risk, and they're the ones given the authority and responsibility to make the decision. They have a perfectly healthy baby and mother."

Six couples have expressed an interest in adopting the baby, they woman's parents said.

At a court hearing Thursday, two medical experts testified that the pregnancy carries risks because the woman has epilepsy and is on medication. But they split on whether the pregnancy should be terminated.

Last month, the judge denied the couple's request to allow the woman to move back home with them and to halt the proceedings.

Deputy District Attorney Dania Reid stressed there has been no motion or discussion to order an abortion in the case.

She noted Walker appointed the county public guardian's office as a "neutral fact-finder" to investigate the pregnant woman's condition in regard to her medical, psychiatric and group home care.

"It's not the county's role in this case to make any findings of conclusions whether or not this pregnancy should continue," Reid told The Associated Press. "That's entirely up to the court."

Olivia Gans Turner, spokeswoman for the Washington, D.C.-based organizations National Right to Life and American Victims of Abortion, said the Nevada couple have drawn the support of pro-life advocates nationwide.
"This is a cause we support," she said. "It's definitely their right to protect their daughter's right to have a child and to protect the life of their grandchild. There's no reason for this woman to be subjected to the danger and risk of an abortion because someone else thinks she's not worthy of having a child because of her mental condition."

Nevada couple fights judge over hearings they fear could force them to end disabled daughter's pregnancy | Fox News

 

[dereksbicycles]

Apparently someone took advantage of the woman's low mental capability to have sex with her. It's probably a rape.

 

[BornMellow]

Apparently someone took advantage of the woman's low mental capability to have sex with her. It's probably a rape.

THIS is the MAIN issue right there, Derek. Did she want this or not. My heart goes to her if she truly was raped.

Regardless of a persons mental capability, They do have the same human rights as we do, have sex. It is a human thing to desire sex. If you 100 percent automatically assume she was raped then you are saying that she does not have a right to have sex due to her functioning level.

My personal BEEF with the whole situation is Catholicism. Please get that woman and all women on birth control NOT because of birth control itself because of their periods. Seriously many women would be happier themselves if their periods gave them less pain, and less cramping. Some women go through so many heavy bleeding its not fun at all every month. This is my major issue here in America, there are too many women on that level that their families made the decision for themselves because of religion not because of womens health. It is really a shame. Those parents do not see beyond the reasoning of birth control labeling. They will be on the pill because of their health not because of birth control its not the primary purpose for half of women on it anyhow! Many have gone through several kinds of pills before finding the right one not because of birth control itself because of the periods and emotions involved.


Regardless of rape or consent, it is a bad situation for that woman if she is known to have seizures thats my concern. For medical experts they say its fine? I have no desire to hear the parents side at all. The unborn one already has 6 adoptive families willing to step up to the plate. The parents were the ones that brought religion into the equation. Medical experts and the woman ought be the ones that should make the decision together regardless of her thinking level, she is still an adult, a human being with wants and desires and there are many people out there that can talk to a 6 year old child, that more likely can also talk to the woman on a 6 year old level what she truly wants.

 

[dereksbicycles]

THIS is the MAIN issue right there, Derek. Did she want this or not. My heart goes to her if she truly was raped.

Regardless of a persons mental capability, They do have the same human rights as we do, have sex. It is a human thing to desire sex. If you 100 percent automatically assume she was raped then you are saying that she does not have a right to have sex due to her functioning level.

My personal BEEF with the whole situation is Catholicism. Please get that woman and all women on birth control NOT because of birth control itself because of their periods. Seriously many women would be happier themselves if their periods gave them less pain, and less cramping. Some women go through so many heavy bleeding its not fun at all every month. This is my major issue here in America, there are too many women on that level that their families made the decision for themselves because of religion not because of womens health. It is really a shame. Those parents do not see beyond the reasoning of birth control labeling. They will be on the pill because of their health not because of birth control its not the primary purpose for half of women on it anyhow! Many have gone through several kinds of pills before finding the right one not because of birth control itself because of the periods and emotions involved.


Regardless of rape or consent, it is a bad situation for that woman if she is known to have seizures thats my concern. For medical experts they say its fine? I have no desire to hear the parents side at all. The unborn one already has 6 adoptive families willing to step up to the plate. The parents were the ones that brought religion into the equation. Medical experts and the woman ought be the ones that should make the decision together regardless of her thinking level, she is still an adult, a human being with wants and desires and there are many people out there that can talk to a 6 year old child, that more likely can also talk to the woman on a 6 year old level what she truly wants.

Good question. I just hope it was not a rape. I would hate to discuss pro and cons of abortion. I would save it for a different thread. Here, it's nice that there are 6 families that are willing to step in and adopt. Good for them.

 

[caz12]

totally agree with you mellow....i have daughter similar to this young woman who on pill as she can not cope with periods.....the people responsible for this woman need to be checked.....they say the woman wants the baby,i afraid if she level of six year old she being cohersed in what to say....this pregnancy going to cause the woman dreadfull mental illness my heart go out to her

 

[deafbirk]

I think the parents have the right to decide. Sure as hell it is not a judges. Decision. I think the woman would be able to understand she is having a baby,, even if she has the mental development of a 6 year old she knows her body

 

[caz12]

would you put 6yr old through pregnancy..in this case her parents have not got the right she over 18 and needs be in the care of objective people which her parents can not be..i would thought parents should be raising a rukos as to why those responsible allow this to happen....i love my daughter and would not allow the hell that this girl will be going through.she entitled to sex life but not treated as sex object to be used or raped therefore it should been moinitored

 

[Reba]

THIS is the MAIN issue right there, Derek. Did she want this or not. My heart goes to her if she truly was raped.

The main point is, who should make the decision.

Regardless of a persons mental capability, They do have the same human rights as we do, have sex. It is a human thing to desire sex. If you 100 percent automatically assume she was raped then you are saying that she does not have a right to have sex due to her functioning level.

The problem is, no man has stepped forward to say it was consensual, and she had wandered away from the group home so no one knows where she was or with whom during that time.

My personal BEEF with the whole situation is Catholicism. Please get that woman and all women on birth control NOT because of birth control itself because of their periods. Seriously many women would be happier themselves if their periods gave them less pain, and less cramping. Some women go through so many heavy bleeding its not fun at all every month.

I'm not a Catholic but I totally disagree with your statement that all women should be on birth control. It might help some women for pain relief and period regulation but it certainly isn't a solution for all women. Menstruation is a normal body function, and not all women have problems resulting from it. Are you sure you don't work for a pharmaceutical sales company? I mean really, suggesting medication for all women whether they need it or not. :roll:

You also realize that the pill isn't 100 percent effective as birth control, and that some women have side effects from it?

Also, what does that have to do with this woman's situation?

This is my major issue here in America, there are too many women on that level that their families made the decision for themselves because of religion not because of womens health.

You know nothing about this family's prior decisions or all the woman's health situations. You're making an awful lot of assumptions.

It is really a shame. Those parents do not see beyond the reasoning of birth control labeling. They will be on the pill because of their health not because of birth control its not the primary purpose for half of women on it anyhow! Many have gone through several kinds of pills before finding the right one not because of birth control itself because of the periods and emotions involved.

You don't know what this family's situation is, and you don't know if the pill would have been a solution for the woman.

On the one hand, you claim that the woman has the human right to sexual activity but on the other hand, you don't want to allow her the right to bear a child.

Regardless of rape or consent, it is a bad situation for that woman if she is known to have seizures thats my concern. For medical experts they say its fine?

Are you saying that no woman who has seizures should bear children? We don't know the cause of her seizures, what kind they are, how frequent they are, how they would effect a pregnancy or how pregnancy would effect the seizures.

I have no desire to hear the parents side at all.

Maybe you don't but the courts do. The parents have legal guardianship of their daughter. They are also her parents who care about her.

The unborn one already has 6 adoptive families willing to step up to the plate. The parents were the ones that brought religion into the equation. Medical experts and the woman ought be the ones that should make the decision together regardless of her thinking level, she is still an adult, a human being with wants and desires and there are many people out there that can talk to a 6 year old child, that more likely can also talk to the woman on a 6 year old level what she truly wants.

"The couple says they have exclusive authority over their daughter's health care decisions as her legal guardians, and both they and the woman want to carry the baby to term in line with their Catholic religious beliefs."

 

[Reba]

totally agree with you mellow....i have daughter similar to this young woman who on pill as she can not cope with periods.....the people responsible for this woman need to be checked.....they say the woman wants the baby,i afraid if she level of six year old she being cohersed in what to say....this pregnancy going to cause the woman dreadfull mental illness my heart go out to her

I agree that the people in charge of the group home need to be checked because it seems they were either very careless or maybe even involved with covering up what happened to her.

I didn't read anything that showed the woman would suffer dreadful mental illness from the pregnancy.

 

[VacationGuy234]

The guardians, be it the state or her parents, will make that decision. There is no easy solution to this situation.

 

[Bottesini]

Are you saying that no woman who has seizures should bear children? We don't know the cause of her seizures, what kind they are, how frequent they are, how they would effect a pregnancy or how pregnancy would effect the seizures.

More important than the effect of pregnancy on seizures, if the teragenic effect of the epilepsy drugs on the developing fetus.

 

[Reba]

More important than the effect of pregnancy on seizures, if the teragenic effect of the epilepsy drugs on the developing fetus.

We just don't know what her epilepsy condition or medical treatment includes. The article didn't elaborate. I guess we would need to see the entire transcript of the trial.

 

[dereksbicycles]

I had an ex girlfriend who was on a lot of medications. Her Mom told me that she should not be having sex, let alone have child(ren). This story reminds me of ex girlfriend I had.

As for whether pregnancy should be stopped or not, I would leave it to people in power. I would hate to influence their choices otherwise.

 

[caz12]

More important than the effect of pregnancy on seizures, if the teragenic effect of the epilepsy drugs on the developing fetus.

very true bot...
the very fact she mentality of 6yr old mean girl will suffer.i wonder if they give her regular std tests and this obviously been happening over some period surely someone must be in the know as to when and where and gentle coxing could get it out of her if she been raped or used and abused

 

[Foxrac]

There are some medications can be harmful to pregnancy and having a pregnancy require extreme care, such as change in diet and must eat sufficient calories, or could make goes wrong like birth defect or miscarriage.

My sister is on BC because of pain and cramp during period, but without one, she will locked in and her life is horribly miserable.

 

[simsjackop]

i have daughter similar to this young woman who on pill as she can not cope with periods

 

[Kat01]

How did she wind up pregnant in the first place is my main concern? I hope she truly was not raped as mentioned above. The horrors...

 

[caz12]

my daughter on bc back to back she can not cope with menstral cycle as i would think a girl with mental age of six could not...
the baby will be taken off her so more hearbreak....deal with care well being of daughter they got not one who maybe

 

[diehardbiker]

Its sickening to hear public argument on how to decide for somebody else, then once it is over, no one ever gives damn. Sickening! And damage is done once government takes over.

 

[caz12]

Its sickening to hear public argument on how to decide for somebody else, then once it is over, no one ever gives damn. Sickening! And damage is done once government takes over.

has to be objective....i would be last person to say have abortion just because mental defients but i be first to say this girl must not suffere either and she would.
sound to me she being used as political and relgious tool,she needs be taken out of limelight take with people who objective not anti abortion be liberal thinking and this young ladies welfare paurmount