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Legal Opinion · Dissent

R.B. ex rel. V.D. v. State

Mississippi Supreme Court

Decided July 19, 2001No. 2001-CA-00361-SCTPublished

1DissentMcRAE, Presiding Justice

¶ 33. This is a no contest matter. R.B. has no living parents or legal guardian, and her custodial parent (grandparent), V.D., gives her consent to the abortion. R.B. has no one left from whom to obtain consent besides her grandmother. In addition, R.B. testified that the abortion pro*837cedure would take place in Memphis, Tennessee, and these laws are controlling, not the laws of our state. Accordingly, I dissent.

¶ 34. Miss.Code Ann. § 41-41-53(3X1993) states:

A minor who elects not to seek or does not obtain consent from her parents or legal guardian under this section may petition, on her own…

2Cases cited6 opinions

  1. Bellotti v. BairdSupreme Court of the United States · 1979
  2. Eskridge v. StateMississippi Supreme Court · 2000
  3. Woodham v. StateMississippi Supreme Court · 2001
  4. Clemons v. StateMississippi Supreme Court · 1999
  5. In Interest of WRAMississippi Supreme Court · 1985

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