Legal Question in Family Law in California

Say someone's wife is mentally unstable, but you didn't know at the time you got married and they ended up getting pregnant before being deemed mentally unfit; can you legally forbid your wife to get an abortion since she's not in the right mind to make decisions like that?


Asked on 5/17/11, 1:08 pm

2 Answers from Attorneys

You would have to have her declared mentally incompetent by a court, and be granted a conservatorship over her.

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Answered on 5/17/11, 1:31 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

No. Ever heard of Roe v. Wade? She may lack mental capacity to legally give permission to do the surgery, but that is as far as you can "forbid" her.

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Answered on 5/17/11, 1:34 pm


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