A Massachusetts appeals court has verbally skewered a judge who ordered that a mentally ill woman have an abortion against her will even if it meant she had to be “coaxed, bribed, or even enticed” into a hospital.
The Massachusetts Appeals Court this week overturned the ruling by Norfolk Probate Judge Christina L. Harms, who had also ordered that the 32-year-old woman, known as “Mary Moe,” be sterilized.
The appellate decision noted that Moe “has consistently expressed her opposition to abortion” and likely would “continue to do so if she were competent.”
As for the sterilization order, state Appellate Court Associate Justice Andrew R. Grainger wrote: “No party requested this measure, none of the attendant procedural requirements has been met, and the judge appears to have simply produced the requirement out of thin air.”
Records in probate and family court cases are usually kept private, but this case was unsealed because it was appealed. The revelation of Harms’ order and the language behind it sparked outrage from a variety of interest groups and politicians.
“It bothers me as a woman, that a woman can’t make a decision about her body,” state Sen. Susan Fargo, D-Lincoln, who chairs the Joint Committee on Public Health, told the Boston Herald.
Harms, a 20-year veteran probate and family court judge, retired from the court on Jan. 11. She could not be reached by msnbc.com for comment. She did not respond Thursday to a message forwarded to her by Massachusetts court officials.
The facts in the case are not in dispute, according to court documents. Moe, who suffers from schizophrenia and bipolar mood disorder, is a few months pregnant. She has been pregnant twice before: The first time she had an abortion; the second time she gave birth to a boy who is now in the custody of her parents. Between her abortion and the birth of her son, she suffered a “psychotic break,” and has been hospitalized numerous times for mental illness.
At a December hearing, the state Department of Mental Health asked a court to grant temporary guardianship of Moe to her parents. That would allow the parents, who were already caring for one child, to give consent to an abortion for their daughter. (Court documents do not mention who the father is.)
According to court records:
Moe also states that she is "very Catholic," does not believe in abortion, and would never have an abortion. Her parents, however, have stated that she is not an "active" Catholic. Moe's parents believe that it is in the best interests of their daughter to terminate her pregnancy.
Harms approved the guardianship, finding that Moe was incompetent to decide on an abortion based on “several and substantial delusional beliefs” -– including that Moe mistakenly believed she had a daughter and that she had previously met the judge.
According to the appellate ruling:
The judge ordered that Moe's parents be appointed as coguardians and that Moe could be "coaxed, bribed, or even enticed ... by ruse" into a hospital where she would be sedated and an abortion performed.
Additionally:
“...the judge directed that any medical facility that performed the abortion also sterilize Moe at the same time ‘to avoid this painful situation from recurring in the future."
Moe’s court-appointed lawyer, Doug Boyer, appealed Harms’ decision. Boyer did not immediately return a call for comment Thursday.
The appeals court reversed the sterilization order and set aside the abortion order, saying a determination on that matter should go before a different judge “with all possible speed.”
Massachusetts Department of Mental Health Commissioner Barbara Leadholm said the department's top priority "is protecting the safety, health and well-being of the individuals we serve."
"In this case, at the request of the individual’s independent medical provider and her parents and in the interest of protecting her health and safety, DMH petitioned the court to determine competency and to establish her parents as guardians. The Department conveyed the request of health care providers and the parents’ wishes in order to ensure the safety of a patient with severe mental illness,” Leadholm said in a statement.
The Department of Mental Health is not taking a position on the authority to perform an abortion and says it never sought or advocated for an order of sterilization.
Despite scathing comments from women's rights groups and others, Boston Herald columnist Peter Gelzinis said the case is not so clear-cut.
In a column Wednesday titled "Logic found on both sides of this issue," he characterized the dilemma as “an awful Hobson’s choice, one that requires the wisdom of Solomon.”
He noted that doctors had suggested that stopping Moe’s psychiatric medications would place her in serious risk and plunge her "deeper into madness." But the same drugs also threatened the health of her baby.
“What yesterday’s decision seems to imply between the lines is that Judge Harms may have been trying to follow the wishes of Mary Moe’s parents. They are now caring for Mary’s son and, as co-guardians for their daughter, urged the court to rule in favor of an abortion,” Gelzinis wrote.
“There are so many variables here that making 'the right choice' is damned if you do, damned if you don't,” one reader commented in response to the column.
“Although, the parents of Mary Moe ARE legal guardians (of) her and her other child -- I think they DO have the right to say enough is enough. Having someone like Mary Moe OFF her meds is putting everyone in serious danger -- she could very well go off and kill herself, kill the parents, her other baby and then what? What would we all be saying?”
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True, situation like this do "require the widom of Solomon." But since this is in the courts, it sets a precedent for future situations. Forced abortions and forced sterilizations? That's an awefully slippery slope to start going down. Where would it stop, what line would be drawn?
The court made a WISE decision. If they ruled the other way then BEYONCE and JAY-Z’s abomination should have been aborted as well. Who else other than an “insane” person would keep those NAMES?
The scary part is not the forced abortion, it's who is this that keeps sleeping with somebody with Schrizophrenia, Bipolar disorder and Mania type II? How do you even get a person like this to stay calm during sex? Folks, whoever this is needs to go to jail or explain how that happened not once or twice, but 3 times...we wouldnt be arguing about this situation if it wasnt for this bastard
Actually, the government under no circumstances is forcing an abortion. There is a dispute, but if an abortion were to occur, it wouldn't be the government doing it, it would be done at the behest of her parents, who the courts have appointed as her legal guardians.
The question isn't whether a government has the right to force an abortion and it never has been. The question is, do legal guardians have the right to force an abortion, especially when they are the ones who will be taking care of the child.
That, I do not know. But this isn't about government and abortion.
To Kodiakkid : You're right. It is a slippery slope and I don't know what the answer is. I can only say that I was raised by a mentally ill mother, who should have never had children. Because of her illness, she declared open - warfare on her children. Sadly, she stayed just enough under the radar to avoid the authorities. She didn't think she was ill, but our childhood was a nightmare. She is the number one reason why I think people should be psychologically tested before they bring children into the world. Just because you CAN have a baby, doesn't mean you should
Where is the father???
Is the / are the father(s) supporting these children??? The article says nothing about him/them. If she insists on having sex, then she needs to be put on birth control or have a procedure. Then the next problem (if it isn't already) is a sexually transmitted disease. Where does it end? If she's not a practicing Catholic, then birth control and a condom shouldn't be a problem.
I agree with docholiday--something is very wrong with this picture. If this woman is as seriously mentally ill as we are told. She is in no way compentent to make the decision to have sex. I think this pregancy is the result of rape of a imparied person, and that someone should be looking at that. I also think that the parents are unfit guardians as they have done nothing to prevent the pregancy in the first place, (if she's on that many meds it's too dang easy to add a birth control pill to the mix) The fact that they want her strelized is proof to me that they will not be taking care of her in a way that will stop her from being further victimized by whoever.
Women with these types of mental illnesses can be coerced quite easily into having sex, they are easy victims and targets, I don't see anyone stepping up and addressing this. No one seems to have this woman's best interest in mind.
There is something called the patients bill of rights passed by Congress. One of them is patients have the right to refuse third-party interference in their medical care, and to be confident that their actions in seeking or declining medical care will not result in third-party-imposed penalties for patients or physicians.
To lin-1175248: I assume you are aware that if you had things your way you would not exist. If your mother acted as you believed she should have and either abstained from motherhood or aborted all her children there would be no you.
Seeing that you are able to coherently read and respond to a serious article on the internet, I believe that you have turned out alright. Life is precious and should be encouraged. I agree with those who argue to permit the government to have a hand in this decision (It may be the "choice" of the parents to terminate, but it is sanctioned under the law).
Further you state women should be psychologically evaluated before having children. As a Liberal, as I would bet my life savings on that you are, do you see the cognizant dissonance in having the government telling you what you can and cannot do with your body?
Finally towards your argument, if we let a bunch of Dr. Mengeles decide who may and may not have children because of mental illness, who decides where the threshold is? It does not take a giant leap of thinking this opens a dangerous door to further restrictions. Men were put to death at the Nuremberg trials for making similar life and death decisions.
What a bunch of worthless espousing of meaningless positions these posts are!
Bottom line should have been granting of guardianship. The judge couldn't keep to her responsibilities. She had to continue to run her mouth and insert her personal judgements. That was the big problem.
Next, the guardians may or may not try to force the abortion. That is when the legal battle ensues. Glad the worthless judge retired. The courts are better without her.
Bet she votes for Newt. Probably has a totally anti-abortion stance when it comes to choice, but sees no problem with making the decision for someone else.
Since when do the mentally ill have to relinquish their inherent rights according to the constitution?
Considering everything-I think it would be best to terminate the pregnancy and then sterilize this poor woman. There are TOO MANY "if-ands or buts" to this problem.
And yes-where is the "sperm donor" of these children?
BarbaraB -- Chances are, this woman has sex nilly-willy and does not know who the father(s) of her children is/are. I feel very sorry for her parents who have the burden of taking care of this crazy woman as well as her children and can fully understand their request for an abortion and sterilization. They may need the help of a professional (shrink) to get the daughter to submit to these procedures; and if not an abortion, at least sterilization. Another point, even with sterilization, if this woman continues to have unprotected sex, she'll probably end up with some kind of sexually transmitted disease.
You have to feel for her parents in this mess. They are the ones who are shouldering all the responsibility; their wishes ought to be carried out, if this is what they wanted and they are authorized to make all medical decisions for her because she incapable. I think I would know what I would want if she were my daughter. Now, they face the possibility of another child who could be brain damaged from the anti-psychotic meds she must take along with the child they already are raising for her, AND the adult daughter. Overwhelmed isn't the word for it.
Unless the woman's father is the father of the child and they want it aborted so no one finds out.
Slippery slope? How about the obvious fact that the mentally-ill woman will be unable to function as a mother. She is irresponsible, though because she is a woman, she draws sympathy.
Why doesn't the father have a say? Offer him the option of adoption and full custody with zero visitation rights for the unfit mother. Otherwise, give him a say in the abortion.
I feel very sad for this woman. Many here are acting like this woman chooses to be mentally ill. She must be in so much pain in this awful situation.
I'm staunchly pro-choice but I do not believe anyone has the right to force a woman to have an abortion, regardless of her mental impairment and regardless of guardianship status.
@Silvaria - Pro Choice is about choice. Forcing an abortion or forbidding one are both denying choice.
I'm incredibly uncomfortable with the idea of anyone imposing a medical procedure on someone against their will but none of the possible outcomes of her actions are without consequences to someone else. If she discontinues her meds she will only plunge deeper into delusions and madness and care and responsibility for raising the child will fall on someone else, if she continues on her meds there and the pregnancy is carried to term then there is a very strong possibility that the child will suffer birth defects that they will have to live with. And in either case someone else is going to have to shoulder the responsibility for raising the child. I have to think that in a case like this where there is a third party that obviously cares for and loves the individual and seems to have her real best interests in mind that they be allowed to make the decision since she seems incapable of making responsible decisions for herself.
To Jcantoni - As I stated previously, it is a slippery slope, and I don't know what the answer is - but you have made a number of conclusions based on one paragraph - If I had my way ??? Where did I say that ? and where did you conclude I was talking only about women ? and at one point did you conclude I was a liberal ? And because I can read an article and navigate the net, you conclude I turned out ok ? The Unabomber was a genius and taught at an Harvard - based on that one statement, would you conclude he was a liberal ? Because he was a mathematical genius, does that mean he was ' OK ' ? You make a lot of snap judgements but I would never conclude that a snapshot paragraph is the sum essence of who you are. Open up, learn to in your heart what you can't see with your eyes.
To lin-1175248 and jcantoni-- I too was raised by a mentally ill woman (bipolar with psychotic features-- same disorder as the guy who shot Gabrielle Gifford). As a direct result of her "parenting," one of my sibling is dead, the other is severely emotionally disturbed. I fared best by leaving home young, but I have my scars, and as an middle-aged adult, I am still cleaning up her messes. In Jcantoni's haste to make a political point about abortion, s/he demonstrates that s/he has NO IDEA of the psychological abuse and damage inflicted on family members by the mentally ill, or the burdens inflicted on them, even where there is no physical abuse. That said, I have a background in law myself, and find this one very tough. The judge in this case was truly between a rock and a hard place. The law favors the rights of guardians to make decisions for incompetents (and make no mistake, this woman is incompetent); the right to an early stage abortion is constitutionally protected. That said, as a policy matter, the courts should not be involving themselves at all in these private decisions because of the slippery slope that could result. Yet two lives are in danger as a result of this pregnancy and the family will also be unduly burdened by a baby who may have severe birth defects if the woman does stay on her drugs while pregnant (though I doubt she will). On the other hand, I find it just as disturbing and invasive that someone would be court-ordered to abort as it would be to be court-ordered to bear the child. That judge was damned if she did, damned if she didn't. I could have predicted the outcome though, because the rights of the mentally ill under the law are so strong. Mentally ill people have the right to refuse medication and totally destroy their own lives and the lives of everyone in their orbit. Who were the genius politicians who voted for that?
Everybody's voice wants to be heard except one - the child in the womb who one day could say, "Thank you for allowing me to live...I love my adoptive parents!" The most innocent person involved is the one many are saying should be killed. Every one involved in this discussion went through the same stage of development that her child is at in her womb. If you force this child to be aborted, this poor woman won't be unpregnant; she will be the mother of a dead baby. What kind of country are we becoming when we see death as a solution to a problem? As for the forced sterilization - can we say China? Nazi Germany?
@Big Picture--the reason why the mentally ill have rights is that not so long ago they didn't. When I moved to the state I live in, 30 years ago, there were several cases being used to grant more rights to the mentally ill. One was a case where the childern of a retired couple had had their parents committed involuntarily because the parents were spending their own money taking trips and enjoying their retirement. The children didn't think that was sane behavior and had them committede. At the time the 72 hour hold allowed the "drs" to ask a bunch of questions almost quarnteed to get crap answers from pure anger. This made it possible to further hold people and even force them to take drugs against their will. This was just 30 years ago. 30 years before that time, people with physical disablities, the blind, the deaf, people with other physical impairments could be and were committed to mental institutions, sterilized against their will, drugged, abused and often basically abandoned by their families and the system.
I feel for the woman, for the child she's already had and the one she may have now. However, the judge was wrong to try and make the decision. I think the parents need counseling, the woman needs closer subervision, probably for the rest of her life. But such care has been cut back and cut back until people like this woman are basically turned over to their families with a "good luck, get her to take her meds and she might be okay, sorry, that's all we can do for you and her" release.
As I said before, she shouldn't even be getting pregant, she should be protected from these men who are abusing her. Most people with this type of mental illness don't want anyone to even touch them, so what is going on here? As far as the children she's having; have the parents never heard of adoption?
I am sorry for your own experience, but having worked in health care for 20 years and watched the closure of many facilities that used to house and help people with severe illness because of 1)lack of funding and 2) the fact that some people will never be well enough to live on their own, ever, situations like these and your own have been and will continue to steadily increase, until such a time as we as a society decide to care for these individuals in a decent, humane and civilized manner. But that costs money, money which really has no productive value to our society. So now, the severly mentally ill are cared for by their families and when that fails some part of the law gets involved. A few years ago, where I live, just a few blocks away actually, the police ended up having to choose between one mentally ill man's life and the public, they chose the public.
See, Conservatives, this is what "choice" means. This is the government staying out of it, as you all like to claim you're in support of. This is a perfect illustration of the fact that, just because you don't get to tell others what to do, doesn't mean your choice is infringed upon. The government upheld the right of the individual over the right of her guardians, as they should have. Guardianship of an adult, doesn't mean possession over their bodies.
silva dolla, its always to that, the person inside the womb, well hate to shatter your bubble, but that voice doesnt have one til it comes out of the mother. yeah they should not allow a crazy person to have children not because the children willbecome themselves crazies or kill some person in the future, who knows, but because the mother lost all her right after being commited by the court, if the parents are the taking care of her, then the parent have that right. if the lawyer are the one yelling foul then let them take care of the children she have. people shouldnt have to suffer because she cannot control whats between her legs she should be sterilize, she is a danger to the children because she cannot take care of them. im sure the same goes for down syndrome adults, people wouldnt allow them to have children. soooo, this is fair game too.
Sarah...
For all fundamentalist conservatives...whether they live in the U.S., Saudi Arabia or wherever....one thing remains constant: Women are chattel.
When will the 50% of women in this country who allow their fates to be dominated and determined by men stand up for themselves? Why do women participate in their own enslavement and believe in religions that were created by men to worship men?
Silva dolla,
I share your thoughts exactly. Carefully and deliberately bringing this child to birth and placed for adoption should be paramount, incarcerate her until such time if need be. Than, clearly, without a doubt, this woman should then be sterilized at her guardian's request, as it appears she has no mental capacity to make any appropriate decisions for herself, ever!! Why this wasn't done prior to this is disconcerting given this persons past pregnancies. But, this would be considered "crazy talk", a forced abortion is a much better idea!
egad, some of the things people say. . . a person does not lose "all rights" by virtue of having a guardian appointed. and even if a guardian proposes abortion and consents to it, the issue can STILL become one that must be heard by the courts--in which case the legal standard is what the individual would decide if they were able to competently decide. guardian or no guardian, the person is always represented by legal counsel, usually appointed, to make sure that her interests and wishes are represented in the court.
As the adoptive mom of a beautiful boy who turned 9 years old yesterday, I must say that there are other options here. My son's birth mom is bi-polar and very mentally unstable. However, she did make the brave choice to have her child and put him up for adoption. Yes, he has special needs, but I can't imagine what this world would be like without him and I'm very thankful that she did not choose to abort him.
The parents of this woman should consider what's best for the children - and if they can't raise them, I'm sure there are others who would be thrilled to have a child!
That is very awesome robin123f.It is wonderful how it worked out for your son. It would be great if that happened all the time.
But. The birth mother might not agree to adoption.
Wow, now our government forces abortions. Sick, sick, sick.
I wonder if she would okay the sterilization if they let her HAVE the baby first. Pregnancy can make schizophrenia worse. I dont know about this one.
I know I don't like the idea of forcing any woman to have an abortion OR sterilize herself. Practicing Catholic, non practicing, muslim, athiest, Jewish...I dont care, they shouldn't make her have an abortion. The child could be put up for adoption.
Actually, the government doesn't force abortions. The point of the article was that the appellate court said "no way". This was one lower court trial judge, and the government corrected his ruling. At least we have a system of appeals, to catch things like this.
the government is not forcing this her perants have made this request and it is fair considering the overall situation. this is not an easy choice for anyone certainly not for her perants and i don't think it was an easy one for the judge.
you really can't state goverment when you should be stating judicial system. government is way to broad, not to mention here it clearly says that they are not.
No person no where has the right to tell any woman if they can or cannot have a child, or if the can or cannot abort a child. It is the sole decision of the woman carrying the baby and the man who fathered it. And that is all. It amazes me how much people request the government stay out of our lives, but then that same group insists on letting the government make personal decisions for us.
The horror is what Mom's meds can do to this infant. She may not carry to term because of them making all this a moot point. As scary as the idea of forced abortions or sterilization in what about the poor baby.
NO, unfortunately our government does not force abortions...it goes to the other side of the coin. I wish it did. We have too many unwanted pregnancies and children who will end up murdered by their parents. Would it not be better to avoid such crimes ? Let them abort...the embryo is only a POTENTIAL.....it is not a person....there are lots of potentials and possibilities but most of them will not materialize....do you feel you should have been smarter than you are ? that is an example.....of potential that did not come to pass.
Forcing the woman to have a baby is also cruel...and it has a chance of also being mentally ill...who is going to care for it? Does she just keep on popping out babies and someone else has to care for them because she is such a "Catholic"?
Actually, these acts were forced by various state governments on hundreds, if not thousands, of people until about 1960 or so. These practices were common, as was involuntary commitment to mental institutions for acts as simple as not paying your rent. State-run mental institutions were used as dumping grounds for those whom society had no solution and, once there, those folks were powerless and at the total mercy of those in charge. There are reasons why so many mental institutions are no longer in business.
Agree Jennifer, New York
What a rough situation for the parents! They are already raising the other child and say they can't handle another one. Funny she says she just could never have an abortion yet she's already had one. Who keeps knocking this chick up? Did I miss that part?
This is a sad one. Hate abortion, but I also hate when an unwanted child is brought into this world and then neglected or worse.
Good luck to them all!
@mo
I agree about the meds. But why not make the mom get off the meds since it could effect her baby. The doctor should hold the right to stop the prescription to the patient since circumstances have changed since first perscribed. The meds are not needed to sustain her own life, just her mental process. If she is mentally able to "preform the act of conception" then so be it, she made that choice. Now she should suffer the anguish of having to live without her meds during her pregnacy. She should not be forced to to abort the baby.
"Now our government forces abortions?" Nope, ALREADY have. Shamefully until relatively recently as well. #.TxiXGxzCoZA
There are not two sides to this. First of all... the parents were co-guardians of the woman, right? They had to have some control over who she was hanging out with and should have known that she was sexually active. It is partially the parents' responsibility that the woman got pregnant.
Secondly... @alumette You are sick. It is so un-American, unethical, and inhumane to think a country should adopt a policy to force abortions or sterilizations. I'm all for abortion as a CHOICE, but I would not stand with a government that allows a person's reproductive rights to be taken away. What about birth control? There are very, very easy and less invasive ways to prevent pregnancies. And don't argue against birth control by saying she is "Catholic". Her parents are trying to force an abortion on her, dammit.
Okay so lets go with this.... If women should not be forced to have abortions then women should not be forced to give birth either. It goes both ways.
Pregnancy will not make her sink deeper into madness - but going off her meds will - and if she doesn't go off the powerful meds she is on, it could harm her unborn child. Lord,what a dilemma.
Please take a look at this case: www.foxnews.com/story/0,2933,535096,00.html
and tell me that the outcome is better when mentally ill people give birth. This little baby suffered the worst mankind could give. Things are not always black and white.
This story is misleading as it first suggests that a court ordered a mentally ill woman to get an abortion. But if you read more closely, the judge didn't order an abortion, but ordered that the mentally ill woman's parents parents be declared her legal guardians and that they then be given the power to force an abortion on their daughter IF THAT IS WHAT THE PARENTS WANT TO DO. The government is not forcing abortion or sterilization on anyone here.
The woman in question is 32, and it looks like she was competent for some time on her own, but then suffered what the article refers to as a "psychotic break." So she didn't need her parents to be her guardians until recently. Therefore, the parents aren't IN ANY WAY responsible for the woman having sex or getting pregnant.
There are plenty of people willing to adopt a child perhaps she can decide to be sterilized after a c section ...my mother had 7 children and suffers the same mental issues she gave 3 of us up, me being one of them and I'm alright. She's still dillusional but I still was able to visit w/her once in a while growing up...this judge seems old school and fortunate to behave so entitled...I work with people like this if its inappropriate then ax it! Thats not how it works!If she knows what she wants then ?
Wow!
Sadly a no win situation. The first ruling, though blatantly contrary to current law, is the wisest IMHO.
Abort and sterilize. Now. No questions. 7 billion and counting. too many people to begin with.
And I bet you would like to start with all the people you do not like. By the way, the dry cleaners called and your Brownshirt is ready.
stupid statement. I see your genes have been lost at the cleaners......get it ? Bimmer Man.
Her poor parents. First the horror of a mentally ill child, then watching as that child gets pregnant over and over again and leaves them to the rearing of her children.
Ahh...but if you were to off yourself, there would be room for this one.
I f'ing hate the trolls who come in here and blather on about too many people on earth blah blah blah. If you hate the world so much, do us all a favor and remove yourself from it.
I think you should be forced to have your testicles removed, FLAFREETHINKER. Let's see what your stand on forced strilization is then. Just who do you think you are to make such a draconic decision for a woman you don't even know? Are you a medical professional? Are you a psychiatrist? Do you know anything at all about mental illness? Do you really believe that because she's mentally ill she's not still a thinking feeling human being? This is a tragic situation, but forced abortion and forced strilization are indeed a slippery slope. Shades of Mengele.....you disgusting NAZI
Where's the baby's father in all of this?
Does she even know who he is?
Besides it's not his call on either the abortion or the sterilization. He may or may not express his feelings but he has no say at all.
He may not want to reveal that he is getting some from the crazy lady down the street.
Sterilization of the mentally ill . . . isn't it the year 2012?
Is this the decision in the grasp of a judge bringing back the 1920's and 1930's era idealogy of eugenics and forced sterilization?
Forced sterilization has been recognized as a crime against humanity if the action is part of a widespread or systematic practice by the Rome Statute Explanatory Memorandum, which defines the jurisdiction of the International Criminal Court.
blah...blah...blah...get a reality check ! 7 billion people...and millions of children starving....what else do you need ? yes yes and yes, these people suffering from mental retardation should be sterilized and they should not carry guns either ! Leave your organized religions for spiritual people who care take care of themselves....It was a crime against humanity when normal children were sterilized....we are NOT talking about normal people.
It is a well known fact that some devious males will in fact rape mentally challenged females every chance they have. We see these issues in society and in mental facilities as well. Pointless to find the sperm donor.....
Klisew, any suggestions on avoiding her getting pregnant again??? She's mentally ill, you suggest she raise the baby on her own, is that even possible? don't think so. This is not forced sterilization is a treatment to avoid getting her off her medication which she can't be off from. Have you ever seen someone off their medication?? I have and its extremely sad and dangerous!!!
Abort and sterilize
If this condition is indeed fact and she has a history of "craziness," and if HER OWN PARENTS think this is on the best interests for her and society, than do it at once. There really should not be much thought on this.
Yes, I would do the same if this were a family member because I know others within would say the same.
Where's the father?? Did I miss that?
I just think to dump her on society and have it pick up the costs are a bit much.
the identity of the father is another issue....bottom line...she has no business having a kid. Likely he is not exactly EInstein himself.
I agree alum. I'm not saying every case is like this but if these are the facts, than I see no problem. Take it case by case.
Thanks...absolutely.
so...who is going to care for this kid ? decades ago, I had a friend who had a slow learner...yes it was legal and OK to use that term. She could function but never would have been able to live on her own. Her parents who loved her were afraid she would have sex and end up pregnant. They made sure she would never produce a child as they pursued a physician who would sterilize her. It was an issue with them as they would have been against raising a grandchild who would have had a high incidence of retardation. They were great people and loving parents and knew what was best for their child and their lives. Congrats to them !
alumette-
She's mentally ill, not mentally "retarded", as you said. Do you know the difference?
You were obviously no real friend to her, you can't even name her mental issue. And you should read things just a bit closer, to disprove the developing theory that you yourself are a slow learner.
indeed I was a psych nurse for years. This child was retarted and not mentally ill. Do you work for a pharmaceutical company by any chance ?
alum - you must be known as nurse ratched around the psych ward. Nurses like you with no compassion should not be near anyone especially when it comes to their health.I hope you are no longer a nurse.
alumette, I see that some people on this post are giving you a hard time, but I want you to know that I support your views on this matter 100%.
Thank you. In terms of these people giving me a hard time...no problem...I consider the source.
Looks like NAZI Eugenics to me when the state can decide to start forced sterilizations of people they deem undesirable and mentally unstable.
Margaret Sanger, founder of Planned Parenthood would be proud.
Let us not confuse genocide of normal and bright intelligent people with a need every society should have to control the explosion of genetically challenged births when their care falls under the umbrella of general society.
The issue here is that she can't be on her meds and carry the pregnancy to term, I believe there is a great risk of birth defects. If she is off her meds she goes crazy. It's a Catch-22. I think she should have an abortion for medical reasons. She can also have the baby if she is healthy enough to do it. I have no idea in this case. Put her back on her meds then get her to decide about sterilization once she is stable. The issue is that several doctors must agree on her diagnosis and what is appropriate for her in this case. If she is off meds, she just can't make a good decision, that's a simple but sad fact. This is a no win situation I just hope they do the best for her and all those involved.
Just like a man to bring up Sanger and PP, 97% of PP services are purely medical, and not abortions. Did you read PP anywhere in the story? I don't believe they should be able to force a abortion, on anyone, even the mentally ill.
I am firmly prochoice..... and in this case that means this woman has a right to give birth to her child. Whether or not she if fit to raise it.... at least she can have the joy of bringing a life into this world. And as for sterilization..... echos of facists policies, both here in 1920s, 1930s, and in Nazi Germany. Horrible. This judge should be de barred.
You can not have your cake and eat it too. Pick your side. You are either for abortion(murder) or for life. You can not have it both ways.
Well then they can drop this bundle of joy with all kinds of issues from the medication on your doorstep Georgia, and every baby she has after that, why don't you just continue to clean up this woman's mess.
If she can't take care of the baby's she has, she shouldn't be able to have them.
This apparently isn't a one-time thing, she continues to get pregnant then can't take care of them, and apparently doesn't take into consideration what drugs or lack of will do to the baby or her.
Sometimes you have to protect people from themselves and it's not ok for them to continually burden society because they just want to...Georgia you must be a bleeding heart lefty.
Very nice what you said, therefore, you should adopt the baby!!!
Bimmerman, Prochoice means "Pro allowing every woman to decide the course of her own pregnancy". Prochoice is NOT pro abortion. I am pro-choice and I also have 3 children, never had an abortion. In your theory, anyone who is prochoice would not have children.
Hello...joy ? is that not a selfish design ? let her have a puppy...plenty at the pound.
This statement shows how intellectually stunted the new GOP has become. You obviously dont understand what "Pro-Choice" means. It means that we want the parents to have the freedom to choose what they want to do.
Bimmerman- First you bring up PP. I am pro-life for myself, and pro-choice for everyone else. You say you can't have it both ways, I say I only make decisions about my reproductive rights, my body, it's no one Else's business, or do they have a right to judge. Besides most of pro-life people are hypocrites that believe in the death penalty!
I already have adopted .....have all of you who claim to be so adamantly prolife? Pro choice means I support a woman's right to choose when to carry her pregnancy to term, when to give her baby up for adoption, and when, if she is capable, to raise that child herself. As an adopted mother, I feel even more strongly that pregnancy should be the mother's choice..... it was not an easy thing for my son's birth mother to carry him, go through the physical stress of growing and giving birth to him, and then give him to us as our forever child. I thank her every day in my heart. This woman WANTS to give birth, and her mental issues do not prevent her from a successful pregnancy.... no judge can decide that for her.
Valerie-
Unfortunately, her mental issues may very well prevent her from a successful pregnancy.
When she is off her medication, she is psychotic. But, the medication can cause birth defects and reproductive harm, which means she can't take her medications while pregnant. She is not capable of making rational decisions when off her medication. She doesn't even know what is real when she isn't on her drugs. She cannot take care of herself.
Schizophrenia is a progressive disease, and medication is unreliable. Resistances form, dosages must be changed, and even then the drugs don't always work or lose effectiveness. Living with schizophrenia is a torment. You don't know what is real, and if you're the type to hear voices, they might tell you to do awful things...and since you aren't rational, you are powerless to resist them. These are the people that kill their babies and tell the court the devil made them do it - and are being completely serious and truthful.
On top of that, both schizophrenia and bipolar disorder have genetic components. That means her children have a much higher chance than the general population to inherit her awful mental illnesses.
There is no feel-good answer in this situation.
Finally someone addressed the issue of the affect the drugs would have on the fetus! Thank you, hwilson for using your brain. Your post clearly goes beyond the basic knee-jerk reaction to the story and addresses the more salient issues involved. It's so good to see well thought out posts like yours.
@ hwilson
thank you for pointing out what so many people seem to have missed in this article, the very real fact carrying this baby to term could be harmful to the mother, the child, and everyone around them. Even without the high likelyhood of birth defects the mother's anti-psychotics could cause, it sounds like the woman's parents and several medical professionals all have real concerns about the danger this woman might pose if taken off those medications. This is not about pro-life or pro-choice, it's about the rights of her parents as care-givers to make an incredibly difficult decision she is not capable of making, one that will affect all of them for the rest of their lives.
Forced abortion never, never, never. Figure out a better way to handle the situation. If the parents are overwhelmed than give the child or children to Catholic Charities to be placed in an adoptive home and focus on positive action. Forced abortion and sterilization is an abominable choice. We've already had too many African-American women come to that fate and it happens all over the world. Its bad enough that some parents force their teenage daughters to have abortions, but the courts????? And where are the males??? The men have to be held more responsible than they are in our culture.
TO: hwilson, kai and stpfc People with birth defects are worthy of being aborted? People with bi-polar and other mental disorders are worthy of being destroyed in the womb? An incredibly poor justification. How many people with birth defects would agree with you? How many people with bi-polar and other disorders would agree that is a just reason. Where does it end? Should we do away with anyone who has the chance of becoming autistic or down the road developing alzheimers? At this writing the child within that woman's womb has probably developed to the point of having nerve endings, a heart beat, functioning organs, and you think its a good idea to have that tiny person physically ripped apart. Well, I guess if the little person can't yet speak its alright? You seem to have forgotten that there was a time when you yourselves were at that state of development and you were significant and you counted. You ought to thank your mothers for not "choosing" to have your body torn to shreds and sucked out through a tube for convenience.
the assumption that the meds cannot be taken while pregnant is just that--an assumption. First of all, there are many different medications prescribed for people with MI, some off-label, some riskier than others. More to the point there is not reliable study information (for the same reason most psych drugs are not approved for kids--getting the study data is a barrier). Ex: anticonvulsants may be used---but there are women with epilepsy who have children. SSRI's and SGA's may be used--but in our pharma-happy world, these are increasingly used by people with mental heatlh symptoms who are not seriously mentally ill--like the abilify ads targeting women who are on antidepressants but still feel depressed. People are trying to make black and white in this story where it does not exist (except that the lower court judge shouldn't be on the bench)
Just another outgrowth of the Abortion on Demand trend.
is this part of OBOMBcare? the caring liberal democrats forced healthcare bill?
no deathpanels my butt!
You have to bring Obama into it? Sigh....
Those who have nothing better to say will always drag the presidents name through muck.
I agree with the last quote if she kills herself, her and parents and son then what??? It's a very sad situation, but we must look at this woman as a child and do what's in her best interest!!!! I believe that having an abortion is in her best interest, she can't care for herself nonetheless a baby. Adoption is an option but does she even know what this means, and what about her parents they have a right to say what's best, after all she's their daughter not US!!!
Not to mention the fact that all the people crying "What about adoption?" aren't giving careful consideration to the incredibly high likelihood that if this child is carried to term, it WILL have birth defects, not to mention a strong genetic pre-disposition to the same mental illnesses it's mother is currently suffering.
STPFC seems to have a lot against people with birth defects and/or mental illness. You are beginning to sound paranoid.
So this woman should just be able to go about getting pregnant at will then everyone else has to pick up the pieces?!?!? That's insane! If the parents are already raising one, should they be expected to continue with every child the daughter has. I suppose they could put it up for adoption, but would the woman allow that if she won't allow abortion????
And what if the baby is born with issues because of the drugs the daughter is taking, more burden for the parents to deal with.
If you can't deal with the issue and are dependent on everyone else to clean up your mess, you shouldn't get to make the decision, at least not solely. These crazy women's groups need to butt out, and this case needs to be decided on it's uniqueness.
sure...yeah...put it up for adoption...is it not like sweeping dirt under the rug ? heck of a lot harder for these poor girls to give up their kids than to have a D+C. They have forgotten the following day.
Yikes. I'm totally blown away by this article. In all that I have read, just because the mother or father has extreme mental illness, there is no concrete evidence that states that the offspring will definitely inherit the same thing. I guess if there is 100 % concrete proof that the anti psychotic drugs have totally made a degenerative baby, then a board of doctors needs to state that in writing under a sworn affidavit.
Obviously the mother of this unborn baby will have no skills to raise it but does that necessarily mean that NO ONE could raise this baby? Forced abortion is beyond my comprehension. It sounds despicable. There is no way to determine what the baby could become in life if allowed to live. No way whatsoever.
I wish some people would not procreate, indeed. And the ones incapable of handling the responsbilities of a child do have the choice on what to do. But that's not a court's choice to make. Feel really creeped out from this article.
Exactly. Well said.
we have a genetics expert here.....how many normal kids are the offsprings of retarded people ? damn few if any....yes I use the term retarted since it is not to be confused with mental illness.....
The article is about a mentally ill woman, NOT mentally retarded!!
the outcome is the same. She is not able to care for her children and genetically...well...who is to say ? Russian roulette anyone ?
Alumette--there are quite a few "normal" children of "retarded" people, depending on the cause of the retardation. Some mental retardation is the result of a lack of oxygen at birth--other mental retardation is a result of running a high fever in childhood or the mother having measles or other illness during the pregnancy. Such individuals are at no higher of a risk of having a mentally retarded child than anyone else--and most mentally retarded people are born to those considered "normal."
The main issue with children being born to mentally retarded individuals who then raise them (which happens all the time in poorer communities which have little or poor access to high-quality obstetricians, prenatal, and postnatal care) is that even though they are "normal" at birth, they do not receive the sort of stimulation needed for them to progress--they wind up being "slow" because of poor nutrition and inadequate care.
But, that is neither here nor there when it comes to this particular individual--there is no good solution here. The woman would not want to have an abortion if she were competent, and apparently opposes it though she is incompetent. She is in the care of her parents--and is apparently a risk in terms of being violent if she goes off her meds. But, if she stays on her meds, it will damage the fetus (and may already have done so). The judge was definitely going beyond her bounds by ordering that the woman be sterilized, as not even the parents had requested that.
There just is no good solution--the kindest one would be to find some way to get the woman off her meds but keep her as comfortable as possible (which would probably involve a heck of a lot of money and someone with specialization in treating schizophrenia without pharmaceuticals--I understand that Loren Mosher advocated this, and that perhaps there is a standard treatment protocol). Then, when the child is delivered, to ask the parents if they would like to raise the grandchild or to place it for adoption, as the mother already has been declared incompetent to care for children. The child might not be placeable, depending on the degree of damage from the meds the woman is taking now--but this is the kindest solution.
If the parents are being denied their wishes, it seems fair that someone else takes on this woman's care until after the child is born. Again, that's a lot of money. The people who seem bent on helping this woman give birth, which is her preference, really should be coughing up the money for her care. Someone should be researching treatments for schizophrenia that don't involve drugs--as there are advocates for this and perhaps they have alternative treatments. In fact, why aren't those people coming forward and offering their help, as this is a great case in which they might be helpful. Who knows, they might help this woman more than the drugs are?
But, this is not as simple a case as alumette wants to make it. Arguments based on genetics are extremely problematic--we do not have the right to refuse to allow people to procreate based on genetics, nor should we. Not all societies regard people with schizophrenia as problematic--there are cultures who regard such people as visionaries (and some schizophrenics have produced marvelous art and philosophy); not everyone regards those who are "retarded" as being a burden. Refusing to procreate is the option of those who are told that they have genetic "abnormalities." Stephen Hawking might not have been born (and might not have had children), Lou Gehrig might not have been born, Mozart and Emily Dickenson and millions of others who have made great advancements in human history might never have been born. Those who think that Jews are genetically "abnormal" or Africans are genetically "abnormal" might have succeeded in genocide against both groups. Research has found that the parents of children with Down Syndrome have happier marriages.
Seriously--people should make decisions for themselves. In this case, the question is whether to consider the needs and wishes of the guardians or the needs and wishes of the patient--as they are at odds. Unless someone is willing to take on the job of caring for this woman without her medication and to take on the costs, there is a very serious implication here in forcing the parents to shoulder both costs and danger against their wishes. There just is no good answer.
Seriously? I don't care who says what, forcing the abortion of your grandchild, cause you're tired, says a lot about these people. If they already have had control of their daughter and her child, they're obviously doing a bang up job. Big deal, she's not a regularly practicing Catholic. Gonna do God's job, too? There's no history of violence here, so....? If they're tired of your family, children, grandchild, the parents should've had that abortion their own selves years ago. Some of you are the same people that freaked out and screamed for justice when somebody left a dog in their car in the heat, but by all means you'll forcibly kill the babies, huh?
you better believe it mama....these innocent little dogs do not want to be there and the owners should go to jail for being irresponsible...and criminal. To abort an embryo ( that looks like a blood clot) because its potential is a drain to society is not only desirable but it is primordial. Get the difference....it is not a human...it is potential like you are potential that never materialized.....
Have you ever considered how tired these parents are, sure they did a bang up job, but they are done, how many more problems that their daughter creates they have to clean up, when does their responsibility end? If they have to do the work, they should get the say so. If the daughter wants the child then she should be responsible for it...oops, she can't because she can't make responsible decisions, obviously or the parents wouldn't be cleaning up her mess.
Unlike so many in our society who find it easy to dictate what everyone else should do with their lives, these parents are being responsible - way after they legally have to be. They are taking full responsibility not only for their mentally ill daughter,but their grandchild as well.I don't know very many people who would step up to the plate like that. And yet people will still throw stones at them. Poor people - they can't win for losing.
Hell I think all crazy people should be sterilized.Last thing we need is more of them.
*sigh* Look, I have to look at this from many angles. She has already had one abortion and one child, that her parents are raising as their own. She is now being cared for by her parents. She is on heavy medications to attempt to regulate her mental illness(es). If she continues the medications, the pregnancy could either spontaneously abort on its own, end up deformed and have a limited life, come out with mental/physical defects, etc and require state help because the grandparents won't be able to afford to care for the child (if they so choose to adopt a second grandchild while they are still caring for a mentally ill daughter and one grandchild).
If she stops taking her medications, she will be a ticking time bomb. A danger to herself and to everyone she is around. All for the sake of a potential child (we aren't even sure that the medications she's been taking hasn't already done enough damage to warrant the outcomes I've already described) that may end up getting placed in a state foster system - your tax dollars, if the grandparents are unwilling/unable to care for another child.
This is triage. The parents of this woman are already suffering and hurting and feeling terrible for what is going on, and the decisions they are making, but really, I think that they think that it is best for their family. Keeping the daughter on her medications so she does not become a danger to others/self, terminate the pregnancy so there is no chance of birthing a child with severe health problems due to the medications taken during pregnancy, and then sterilization so this doesn't happen again (because it does appear that this is a recurring issue).
This isn't a question of eugenics or sterilizing the mentally disabled/ill/retarded. This is a question of doing what is best for THIS FAMILY. For this particular woman. For the child(ren).
Amen! People are trying to put a one size fits all solution onto this very Gorgonian situation.God, I feel for her parents.
AKchic, excellent post.
AKchic, thank you for a very wise post.
There is another solution. Why not use long term birth control? Not the pill, but the shot, IUD, the other one that they put in your arm for up to 5 years? Then she wouldn't have to have an abortion. Just a thought.
Too late, at least this time, how about she stop having irresponsible sex...since she obviously can't make responsible judgement calls, how about she gets her tubes tied. I really don't get the problem with that.
If she can't take care of herself, much less a child, there is no question what should be done.
Exactly how hard is it?
That is for intelligent and informed people. Of course, it would be a great solution but what do we have here ? hello !
jesus christ what is this world coming to?
I saw the headline and thought why is Sarah Palin back in news ?
Fine, have the kid. Just DON'T EXPECT SOCIETY TO PAY FOR IT!
exactly. Make these people responsible for perhaps decades of medical bills. I do not want my tax money going there...
Wow! Does nobody remember a few months back when women were coming forward after they had been forced sterilized when they were teens?
The US has a notorious reputation for forced sterilizations on minorities and yes, the mentally unstable.
I can't believe people are thinking this is a good idea. While I don't think it's a good idea for her to bring another baby in to this world, I don't think it is for ANYBODY to decide what happens to this baby.
k
Right!!! We are supposed to just sit back and allow this lady to have another child and then WE will take care of it! In the end somebody will have to decide what happens to this baby (if she is allowed to have it)... by then we will all (tax payers) be paying for it. I can not stand this way of thinking. In certain cases/situations I do believe that decisions should be made on these matters. This is one of them!
K well, you stand in her shoes. Let me know how you feel when someone tells you "hey, you're certified crazy and we're going to force sedate you, force scrape that abomination out of your womb, and then while you're under, we're gonna tie your tubes. But you won't know any of this is happening because well lets face it, you aren't competent and we don't feel you are worthy of knowing the details."
Yeah, sounds pretty draconian to me.
Who put you in charge, Hitler?
If a potential mother of an unborn child is mentally unstable and will not be able to care for the child then I am all for aborting it. We have enough children growing up in the system as it is. If people who don't want children or can't take care of them or (like in this case) ar ementally ill were stopped from having children then a lot of the issues we have in society today would get better. Some people are for abortion and some aren't. I for one am sick of paying my tax dollars to take care of children in the system because som eof these idiots keep popping them out just because they can an dthen can't take care of them. To me thi scase is cut and dry! This lady has mental issues and already has 1 kid in her parents care (as well as herself)!... Abort it and burn the ends! She does not have any business having another child that will either cause more stress for her parents or end up in teh system sucking up more of my tax dollars. Call me what you want, but think about it.... Stop unwanted or unneeded births before they happen and you decrease crime poverty and many of the other issues that plague this country! Check your religious or personal beliefs at the door and use your common sense like this judge did!...
exactly. Nice to hear such a sound argument.
I agree with some of what you said but not all. What I do agree is that since she's not mentally able to take care of herself or even her children (she thought she had a girl but had a boy). And since the parents have guardianship over her and the children then the parents are asking for this abortion and also to sterilize her in order for her to stop having kids. She can't take care of them because she's mentally disturbed, and even on the meds they just keep her "stable" but she's still delusional. I've heard stories (just google) from news reports of women who had issues with having kid. Look at Natalie Suleman that woman who already had 6 kids but had a doctor invitro her another dozen. We don't want to say things but in reality, she's insane and this woman is also.
What do we do with the mentally insane and unstable? In the article the parent's attorney had a point, taking her off the medications so she can have the children will make her more delusional and mentally unstable. And so doing she may be a danger not only to herself but to her children or even her parents. Heck even to the regular citizen that happens to walk past her vision. The parents are afraid of their daughter and what she could do pure and simple.
Agreed, MGP. Some mental illness is hereditary as well.
Is there ANY evidence at all that she is displaying violent tendencies toward herself or others? Not all bipolar and schizophrenic people are murderers or will become murderers. There are plenty of them walking among us, and off their meds, yet they are not lashing out at everyone in sight. It's like saying all people who suffer from depression are suicidal and cut themselves. That's a generalization. Unless there is proof of this woman acting in such a manner, it's not fair to assume she will.
Not for nothing, but if her parents, the people curerntly caring for her and presumably the ones who know and love her best, foresee a sad or hazardous outcome and have come to the decision that this is the safest and best course, who are we, any of us, to question their decision?