Her parents are now trying to take her to India for an abortion against her will. What can she do?
The courts in California have a strict policy, their primary concern is to act in the best interests of the child. Being forced to have an abortion might be considered child abuse by the court.
If so, she may be able to prevail in securing a temporary restraining order prohibiting her parents from forcing an abortion on her committing what may amount to a battery (an unwanted touching), by the doctor performing a pregnancy termination. The court could then appoint Minor’s Counsel, an attorney that would represent her interest.
Child Protective Services?
Currently in California, your friend has a right to let a judge know her feelings about abortion because of her age. A court would likely give great weight to her preference and may very well protect her from her parents. It may even involve the child protective services who could remove her from her parents home.
Domestic Violence Help Centers
She is old enough under the Domestic Violence Protection Act in the California Family Code to seek a restraining order on her own. A local court may have a Domestic Violence Help Center to assist her in obtaining the initial order, but she will probably need an attorney to represent her at the hearing. If she is successful in obtaining the initial order, her parents will be restrained from taking her back to India until an appropriate court decides her case.
Learn more about minor’s rights and pregnancy at this website. Your health, your rights.