Legal Opinion
In re Moe
Massachusetts Appeals Court
Decided October 30, 2006No. 06-P-924Published
1Opinion of the CourtKantrowitz, J.
On June 12, 2006, the following question was reported, see Mass.R.Civ.P. 64(a), as amended, 423 Mass. 1403 (1996), to our court by a judge of the Superior Court:
“Does a Massachusetts Court have jurisdiction and authority pursuant to G. L. c. 112, § 12S, to grant a nonresident minor’s petition seeking permission to have an abortion performed in Massachusetts without parental consent?”1
We conclude that a plain reading of the statute in question does not impose a residency requirement.2 As such, we answer the question in the affirmative.
*652We find Hodas v. Morin, 442 Mass. 544 (2004), instructive…
2Cases cited5 opinions
- Dartt v. Browning-Ferris Industries, Inc.Massachusetts Supreme Judicial Court · 1998
- Commonwealth v. Clerk-Magistrate of the West Roxbury Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 2003
- Hodas v. MorinMassachusetts Supreme Judicial Court · 2004
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1941
- Thomas v. Department of State PoliceMassachusetts Appeals Court · 2004