In recent months, a number of state legislatures have attempted to restrict and criminalize abortion. Maryland is not one of these states. In Maryland, a woman has an unquestioned right under state law to terminate their pregnancy at any time prior to the medical viability of a fetus to survive outside of the womb, or in any case where the mother’s life or health is threatened. Except in certain situations involving unmarried minors, the woman does not need to obtain anyone’s consent before seeking an abortion.

Court of Special Appeals Rejects “Flagrantly Unconstitutional” Attempt to Prevent Abortion

A recent unpublished decision from the Maryland Court of Special Appeals, Ead v. Hagerstown Reproductive Health Services, emphasizes this critical point.

This case involves a woman, one of the co-defendants in this case and identified in public records as “Ms. R,” who went to a clinic (the other co-defendant) to terminate her pregnancy. The plaintiff, her fiancé, was also present. Although the plaintiff initially agreed to remain in the waiting room during the procedure, he subsequently “attempted to prevent” the procedure. After the clinic called the police, the co-defendant left without obtaining the abortion.

The plaintiff subsequently asked a Maryland circuit court judge to issue an temporary injunction to prevent Ms. R from obtaining an abortion or the clinic to perform it. In an ex parte hearing–neither the clinic nor Mr. R were present–the plaintiff asked for an immediate temporary restraining order. The judge denied that request, noting that since Ms. R had left the clinic there was no grounds to issue a restraining order.

A couple weeks later, all parties appeared in court for a hearing on the temporary injunction request. At that time, Ms. R notified the court she had already terminated her pregnancy at a different clinic prior to the hearing. At that point, the court dismissed the plaintiff’s lawsuit as moot.

Undaunted, the plaintiff appealed. But the Court of Special Appeals agreed with the circuit court there was nothing to appeal. There was “no relief” the courts could provide the plaintiff at this point and “whatever controversy existed between him and Ms. R or [the clinic] is now moot.”

The appellate court also explained that even if this case were not moot, the plaintiff had no legal grounds to prevent Ms. R from obtaining an abortion. He was not challenging the constitutionality of Maryland law protecting abortion. Rather, he asserted the abortion violated his “constitutional right to parent his own children.” But there is no right of “putative fathers to enjoin their pregnant women partners from obtaining abortions.” Indeed, any such legal theory was “flagrantly unconstitutional,” according to the Court of Special Appeals.

Contact Prince George’s County Family Law Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.

Source:

https://www.courts.state.md.us/sites/default/files/unreported-opinions/1402s20.pdf