WASHINGTON, November 10 (By Maria Young for RIA Novosti) - Court hearings are underway in the United States to determine whether a mentally disabled, pregnant woman should be ordered to undergo an abortion, in a case that pits her Catholic parents against local officials in the state of Nevada.
Her parents, who are her legal guardians, oppose an abortion and want the pregnancy to continue to term despite medical risks to the mother and child.
The woman lives in a group home, and at 32 years of age has the mental capacity of a 6-year-old. She has been known to wander away from the group home from time to time, which she did 13 weeks ago and became pregnant.
It’s not clear who the father is, if the sex that resulted in her pregnancy was consensual or rape – or even if she is truly capable of consenting. The woman and her family are not being identified in this story because it is unclear if a sex crime was committed.
The woman’s parents say they’ve identified at least half a dozen prospective parents able and eager to adopt the child and care for it under any circumstance.
But the woman’s doctor has said he is concerned about the pregnancy in part because she has epilepsy and takes anti-seizure medication.
At the heart of the case is the question of who can best decide such issues for those who can’t decide for themselves?
The answer lies somewhere in a tangled, complex weave of court filings and medical records that her parents’ attorneys said is baffling and frightening to the young woman.
“It really is a life and death case,” said the parents’ attorney Kim Guinasso.
“I don’t want to suggest that all the people out there who are involved in the various aspects of this case are not trying to do what’s best, but that certainly varies depending on who you talk to,” she said.
The woman is also bipolar and has severe fetal alcohol syndrome. As a child, she and several siblings were rescued by their adoptive parents from Costa Rica, where they faced extreme poverty and neglect, said Guinasso.
“Her parents took her to the doctor, the same doctor she’s seen for several years, so that her medication could be adjusted in light of the pregnancy,” said Guinasso. “The physician became alarmed about the pregnancy and approached the judge, and that led to the hearings that are underway.”
“Nevada has a law that requires doctors, social workers, and others who are considered mandatory reporters, when a situation comes to their attention that a vulnerable individual may have been harmed in some way, they are required to report that concern,” said Dania Reid, Deputy District Attorney.
When the initial hearings were called last month, the parents filed a petition with the Nevada Supreme Court, claiming Washoe County District Judge Egan Walker lacked the authority to make medical decisions for their daughter. But the high court ruled this week that Walker does have jurisdiction to convene evidentiary hearings in the case.
The judge has tried to calm emotions in the case, saying in court that the hearings “are not focused on or limited to termination of the pregnancy. It may be a treatment option, I don’t know,” according to local television station KNRV.
But court records show there is concern that altering her medications to accommodate the pregnancy could lead to a return of seizures, which have diminished in recent years.
There is also concern that the woman has several sexually transmitted diseases which could lead to significant birth defects for the baby, including potentially a cleft palate or spina bifida, reported KNRV.
“There’s some opinion that it’s not in her best interest to have a pregnancy – period – because of her mental capacities,” said Guinasso.
What’s not clear is how much the woman at the center of this case understands or what she wants.
Attorneys say her parents have struggled to find a balance that provides the oversight she needs with as much dignity and freedom as she can manage.
They paint a picture of a young woman who has some semblance of a life. She has a job, friends, and takes the bus to work. She likes to gamble, and sometimes goes to truck stops to play the slot machines.
When her parents realized she had become sexually active, they tried birth control that created medical complications. In recent years, they have tried behavior modification, but it’s not a perfect solution.
“Short of chaining her to her bed or institutionalizing her, there is no way to guarantee that this behavior will not continue on some level,” said Guinasso.
The judge could order an abortion, or the woman’s sterilization, or both.
Attorney Jason Guinasso who also represents the parents said their daughter seems to recognize the basic concepts of life and death, and knows that she is carrying a child.
Walking out of court one day, he said she tugged on his sleeve and he turned to hear her plead, “No kill my baby.”
The judge has scheduled three more hearings and is expected to issue a decision on November 27.
