Liberty Counsel Files Motion to Intervene on Behalf of Two Individuals Seeking Appointment as Guardian Ad Litem

May 27, 2003

Mathew D. Staver

Liberty Counsel Files Motion to Intervene on Behalf of Two Individuals Seeking Appointment as Guardian Ad Litem For 24-Week-Old Unborn Child Scheduled for Abortion

Miami, FL - Today Liberty Counsel filed a Motion to Intervene on behalf of a 24-week-old, viable unborn child whom a Miami probate judge ordered to be aborted. The Motion to Intervene requests the court to allow attorneys Dean DiBartolomeo and John Stemberger to be appointed as the guardians ad litem for the unborn child. Both guardians ad litem are represented by Mathew D. Staver, President and General Counsel of Liberty Counsel.

The case involves an adult female who has been deemed mentally incompetent. The woman ("ZM") is 24 weeks pregnant. ZM suffers from seizures and has a shunt in her head to drain excess fluid. ZM's neurosurgeon recommended that she undergo an abortion because the buildup of excess fluid during pregnancy causes additional cranial pain. However, doctors specializing in high risk pregnancy testified before Judge Arthur Rothenberg last week that the baby ("Baby Doe") was developing normally and they saw no medical reason to abort the child. While pregnancy may cause excess fluid, females with brain shunts may carry their babies to term. The primary side effect may be some additional pain due to the fluid retention.

During last week's hearing, several failed attempts were made to communicate with ZM. The judge stated that he heard ZM say in muddled speech, "My baby no more." Upon hearing this, the judge stated that he understood ZM's intent and then issued an order directing that her unborn child be aborted and that ZM be sterilized. ZM's mother, who is not the legal guardian, lives in Maryland and came down for the hearing to ask the judge to order the abortion.

Florida law requires certain procedures to be followed prior to aborting a viable unborn child. These procedures include, but are not limited to, requiring two physicians to certify that the abortion is necessary to save the life or health of the mother, or one physician certifying and stating that a second physician is not available. The court papers seeking to intervene on behalf of Baby Doe argue that these and other procedures were not followed.

Staver wrote that the proposed guardians ad litem "have a good faith belief that the interests of Baby Doe and ZM in preserving both of their lives may be carefully balanced and preserved without choosing abortion as the tragic and final consequence of this most unfortunate situation." "The voice of Baby Doe should be heard. Baby Doe's life is at stake. The lives of both the mother and the child may be balanced so as not to jeopardize either one", concluded Staver. Liberty Counsel is seeking to stay the abortion until guardians are appointed for Baby Doe and they have an opportunity to present evidence in court. The guardians contend that there are alternatives available, including placing the baby for adoption. This situation is similar to the Orlando case where Governor Jeb Bush is seeking to appoint a guardian for a 24-week-old unborn child.

Mathew D. Staver, Esq.
Liberty Counsel
http://www.lc.org.

An Ally of the Alliance Defense Fund