Wixtrom v. Department of Children and Family Services (In re J.D.S.)

J.D.S., a severely mentally and physically incapacitated 22-year-old, became pregnant after being sexually assaulted, and was on medications posing potential harm to the fetus. The state (defendant) sought guardians for both J.D.S. and the fetus separately; the trial court held no guardian ad litem could be appointed for an unborn fetus since it isn't a 'person' under Florida law. Wixtrom (plaintiff), concerned J.D.S.'s guardian might authorize an abortion, sought appointment as the fetus's own guardian; her motion was denied, and the trial court later confirmed J.D.S.'s guardian would not authorize an abortion.

Whether an unborn fetus of a mentally and physically incapacitated female is entitled to the appointment of a guardian under state law.