Girl seeking abortion challenges HSE
Monday, 30 April 2007 20:16

A 17-year-old girl who is four months pregnant and whose child cannot survive outside the womb has gone to the High Court to challenge a decision by the Health Service Executive to stop her leaving the State for an abortion.

The girl is in the care of the HSE and is challenging its decision to contact gardaí and not to let her travel for the abortion unless she presented as a suicide risk.

The girl, known only as Miss D, is from the Leinster area.
Advertisement

She found out a week ago that her baby has a condition called anencephaly, which means the baby's brain is not developing properly.

The condition means the child will live a very short time, if at all, after it is born.

After hearing this news, the girl made a decision to travel to the UK for a termination but the HSE asked gardaí not to permit her to leave the jurisdiction.

The High Court was told an order was made in the district court in February putting the girl into the care of the HSE because of the conduct of her mother towards her.

The court heard her father was 'absent from her life'.

She is challenging the district court order in so far as it restricts her leaving the State.

She is also challenging the HSE's decision to ask gardaí to stop her and she is challenging the HSE's decision to refuse to let her travel to terminate the pregnancy unless there was a risk she would commit suicide.

Mr Justice Liam McKechnie ordered that the HSE and the State be notified of the girl's application and the case has been listed for mention tomorrow morning.
Print this page

printable version
Mail this page to a friend

send to a friend

Story from RTÉ News:
RTÉ News: Girl seeking abortion challenges HSE

Geez this is a toughy, wether people say aborting the baby would be murder it wouldnt be much different then to bring it into this world only to let it die moments later on its own. Im stumped on this

A truly tragic situation.

While I am against abortion, I also do not believe the state has the right to restrict a person from travelling abroad for whatever reason they wish.

Thats sucks.
I don't think it is only a question of the girl suffering but also to be considered is the suffering that may occur for the baby should he or she make it to full term. Fear as well as physical pain, I would think, for the baby, are probable.
In addition, the girl has evidently been through alot, having been abused by her mother. Having the baby kick inside her, to feel a life, and then to have it die, well, her future mental health may also be at risk when its all said and done.
I think in this case an abortion should be allowed.

I agree - she should be allowed to terminate the pregnancy. It is a pity she made her intentions known to the authorities in the first place, as now they will watch her. She could have just travelled over the border into N.Ireland and had it done quietly there.

This is exactly the sort of occasion when an abortion should take place.

I agree with Nims the girl should have kept her plans to herself. Poor child.

This girl is letting her feelings get in the way of what is right. Is it fair to eradicate a person because it is hard for someone else? I think this is akin to a child killing a parent because of abuse and because it is hard to bear. My general view on abortion is that it allows people to shirk their responsibilities and run from the consequences of their actions. The entire philosophy can be summed up as, "This is inconvenient and I don't want it, and I'll even descend to killing as long as I get what I want." It's just given a nice, neat title and procedure. I am certainly not judging this poor girl. I sympathize with her and her sad situation greatly. If she does end up killing her child, she will hurt for the rest of her life.

I guess the real point of this thread is whether or not the government is in the wrong or right or not. If she is legally defined as a minor and a ward of the state, the government has every right to prevent her from leaving the country. In the metaphysical realm, they must prevent her.

This is one of those special cases though. The baby will die not long after birth, so there is no point in carrying it another five months. I'd rather have it done now before the fetus develops the ability to feel pain(About 24 weeks into development.)

Oversight Testimony

I don't think special cases exist unless the mother is going to die as a result. If we're concerned about the well-being of the mother, why would she want to kill her child and allow that to hurt her for the rest of her life? She should let it have a natural death, if not for moral reasons, at least for her own sake.

You're basing your argument on the assumption that the mother will somehow feel less emotional trauma if she gives birth and watches her baby die an agonizing death, than if she were to just terminate the pregnancy now before the fetus is able to experience pain. I don't know what she is going through, I cannot look into her soul. But to me, it would be immoral for me to forbid this girl an abortion, to force her carry a child that will die as soon as it is born, to make her countdown the weeks and days until her child dies.