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DOE v. DOE

365 Mass. 556 (1974)

314 N.E.2d 128

JOHN DOE vs. JANE DOE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 3, 1974.

Attorney(s) appearing for the Case

Mark I. Berson (Burton Winer & Herbert H. Hodos with him) for the plaintiff.

Paula W. Gold (Peter M. Wendt of New Jersey, & Judith Rubenstein of California, with her) for the defendant.

Neil L. Chayet, guardian ad litem, pro se.

Charles P. Kindregan, guardian ad litem, pro se.

William A. Lynch, amicus curiae, pro se, submitted a brief.

Katherine Allen & Eileen Shaevel, for Center for Women's Legal Studies, amicus curiae & John H. Henn, for Civil Liberties Union of Massachusetts, amicus curiae, joined in a brief.

James C. Heigham for Crittenton Hastings House of the Florence Crittenton League, amicus curiae, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

BRAUCHER, J.

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...

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