Doe v. Doe

An estranged husband sought declaratory and injunctive relief against his pregnant wife, who intended to procure an abortion over his objection. After argument a majority of the court on March 14, 1974, ordered entry of a decree, declaring that an abortion might be performed on her, without the consent of her husband, by the defendant physician or any other duly licensed physician. We now state our reasons.

The husband’s bill was filed in the county court on March 5, 1974. On March 8 a single justice of this court ordered the appointment of a guardian ad litem for the unborn child and, after…