In re Guardianship of J.D.S., 864 So.2d 534 (Fla. 5th DCA Jan. 9, 2004) (TRIAL COURT AFFIRMED) Is a fetus a “person”? In the latest chapter of Florida’s fetal rights debate, the 5th DCA held that in the context of Florida’s guardianship law, the answer is no. Orange County Circuit Court Judge Lawrence R. Kirkwood denied Jennifer Wixtrom’s petition to be appointed guardian of the fetus of “J.D.S.,” a 22-year old woman suffering from severe mental retardation that was pregnant as the result of a rape that occurred while she was in the care of the Department of Children and Families (“DCF”). Ms. Wixtrom’s petition was denied and she appealed.
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