Pregnant teenager in abortion right fight
A pregnant Irish teenager whose baby is expected to die shortly after birth will stage a High Court challenge today against efforts to stop her travelling abroad for an abortion.
The 17-year-old, who is four months’ pregnant with a foetus she now knows cannot survive, is fighting moves by the Health Service Executive (HSE) to have gardai prevent the girl leaving the state for a termination.
The teenager, who can only be identified as Miss D, is from the Leinster region and has been in the care of the HSE since March.
She was told last week that her unborn baby suffers from the brain condition anencephaly, meaning a major portion of the brain, skull and scalp is missing, and the baby will live a maximum of three days after it is born.
Abortion is illegal in Ireland except where there is a risk to the life of the mother, including the risk of suicide.
Legal teams have agreed the case, first lodged on Monday evening, can be rushed through the court system as quickly as possible.
The girl, who has been assessed by a psychiatrist on behalf of the HSE, has previously said she was deeply upset at the news of her unborn child’s condition, but stressed that she is not suicidal.
As Miss D is a minor the case has been brought by her boyfriend, who attended an earlier court hearing with her.
And despite the girl being in care, the girl’s mother – to be known as Miss A - has also spoken out backing her daughter’s decision.
The HSE maintains its priority is the girl’s welfare, while the state will argue the HSE has no power to instruct gardai not to allow her to leave the country.
A barrister for the Attorney General told the High Court on Tuesday that the HSE has no legal power to direct the gardai to restrain a person who is subject of an interim care order; that the gardai do not have the legal power to restrain someone simply because they are the subject of an interim order; and that the District Court order placing her in care does not restrain a person from travelling anywhere.
The Attorney General has also appointed a second senior counsel to represent the right of the unborn child, while the Free Legal Aid board has granted representation for the teenager’s mother at the hearing.
Meanwhile, Choice Ireland and Alliance for Choice will stage a rally outside the Four Courts in Dublin in support of the teenager’s plight.
Demonstrators are to gather at 11am – around the same time the case will be brought before Mr Justice Liam McKechnie.
The group also intends to hold a second rally outside the GPO at noon on Saturday.
“No woman should have to endure the trauma of carrying to full term a child who will not live more than a few hours,” said a spokeswoman.
“Miss D is another case of several that have gone before and will come again that highlight the flaws in Irish abortion law. Without legislation to deal with this issue, yet more Irish women in difficult situations will have to be dragged through the courts.”
