Fetal guardian bid rejected

ORLANDO, Fla. (AP) — A state appeals court upheld a decision that a guardian could not be appointed for the fetus of a mentally disabled rape victim, striking another blow to Gov. Jeb Bush’s bid to extend guardianship rights to unborn children.

The 5th District Court of Appeal in Daytona Beach ruled late Friday that Orange County Judge Lawrence R. Kirkwood properly denied a woman’s bid to be named guardian for the fetus, which has since been born.

Nowhere in the Florida statutes discussing guardianship are fetal rights mentioned, Judge Richard B. Orfinger wrote in his majority opinion. He also noted that the Florida Supreme Court had previously rejected the argument that a fetus is a person.

Abortion rights advocates have accused the governor of pushing the case to try to open the door to broadly appointing guardians for fetuses, possibly as a way to prevent abortions.

“All the court did was uphold the law and put a roadblock in the way of [Department of Children and Families Secretary] Jerry Regier’s and the governor’s crusade to change the law,” said Howard Simon, executive director of the American Civil Liberties Union of Florida.

Governor Bush’s spokeswoman Jill Bratina said the governor’s office is reviewing the decision and looking at its options.

“We continue to believe that a protective guardianship for both mother and unborn child was necessary in this tragic case,” Miss Bratina said.

Mr. Bush pushed for a guardian to be appointed for the fetus because the mother was unable to provide for its well-being. The judge refused the request numerous times, but with the state’s support, the woman asking to be appointed guardian, Jennifer Wixtrom, appealed.

The disabled woman, known in court papers as J.D.S., was raped in late 2002 while living in a DCF-licensed group home in Orlando. She gave birth to a healthy daughter in August.

The court-appointed guardian for J.D.S., Patti Jarrell, said she was pleased by the court’s ruling. The mother and daughter, known as Baby S, are doing well, Miss Jarrell said.

Mr. Simon, of the ACLU, said the appeals court was correct in its wariness that a ruling in favor of Mr. Bush’s arguments could affect all pregnant women in Florida.

“The legal principle being advanced here by Wixtrom — but really by Jerry Regier and the governor’s office — was contrary to what they tried to argue to the public and in the courts, that this would be a limited action,” Mr. Simon said.