A Florida court denies a 16-year-old orphan the right to abort, saying she is not mature enough

By Corky Siemaszko—

A 16-year-old pregnant and parentless Florida girl could be forced to give birth against her will after an appeals court decides she is

The minor, identified in court documents only as Jane Doe 22-B to preserve her privacy, appealed a decision by Circuit Judge Jennifer Frydrychowicz that prevented her from having an abortion without the consent of a parent or guardian, required by Florida law.

pregnant at the time ,

according to court documents.

The judge denied him that right and the state Court of Appeals for the First District, which covers northern Florida, upheld that decision on Monday.

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The teenager “has not shown with clear and convincing evidence that she is mature enough to decide whether to interrupt her pregnancy,” indicates the ruling signed by Harvey Jay, Rachel Nordby and Scott Makar.

The latter disagreed with his companions by stating that the case should be examined again by Judge Frydrychowicz.

“The trial judge apparently views this matter as a very tight decision, finding the minor to be 'credible,' 'open' with the judge, and non-invasive,” Makar wrote.

“The judge must have been contemplating that the minor would be back shortly — given the statutory time limitations at stake — to buttress any doubts the court harbored.”

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Makar noted that the teenager is "orphaned of both father and mother" and lives with a relative, but has an appointed guardian.

She was also smart enough to do Google searches "to understand her medical options and the consequences of her."

“The minor experienced trauma [the death of a friend] shortly before deciding to seek termination of her pregnancy,” he said.

Makar also pointed out that in her petition, which she "filled out by hand," the teenager insisted that "she is mature enough to make the decision, saying that she is 'not ready to have a baby,' that she does not have a job, that she is 'yet she is in school' and that the father [of the fetus] cannot help her”.

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The “guardian agrees with what [she] wants to do,” according to Makar, and accompanied her, along with a social worker, to court.

But, “inexplicably,” Makar wrote, the teen “checked the box indicating that she did not request an attorney.

She added that the trial judge had shown “concern” for the minor: “she asked difficult questions about sensitive personal matters in a compassionate manner.

The tone and method of questioning by the trial judge were commendable.”

NBC News has contacted Frydrychowicz, a Republican judge who sits on the board of directors of the Escambia Children's Trust, which runs educational and other programs for the county's children, for comment.

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Florida voters approved a constitutional amendment in 2004 that cleared the way for the state Congress to pass a law requiring parents or guardians to be notified before minors have an abortion.

But because some minors faced potential abuse if their parents found out they were pregnant, Florida lawmakers also included a legal process that allowed them to go to court to get around the rules.

Abortion rights in Florida were in jeopardy even before the Supreme Court overturned Roe v.

Wade.

In April, the governor, Republican Ron DeSantis, signed a law that prohibits abortions after 15 weeks of pregnancy, a measure that has been challenged in court.