A High Court Judge in London has permitted a pregnant woman to abort her baby at 23 weeks despite evidence from doctors that she lacks the capacity to make a decision about abortion.
Bipolar
The 37 year old married woman, known as Miss B, suffers from bipolar disorder and has been detained under the terms of the Mental Health Act.
Giving evidence in the Court of Protection, Miss B said she was afraid that once the child was born her husband would send the baby away to his parents abroad.
Evidence
But an NHS psychiatrist who assessed Miss B said she did not feel she had reached her decision in the right way or with a rational mindset.
Miss B’s mother also expressed concerns, saying: “She has been ill several times, I know her well, I know the symptoms and feel confident she could regret it especially as she was happy about it to begin with.
“I've seen no evidence her husband is not supportive. I saw her every day since December last year."
Yet despite the evidence presented, Judge Mr Justice Holman said: “I cannot agree that she is lacking capacity to make such a decision” and that it would be a “total affront to her autonomy” if he were to deny her an abortion.
Traumatic
Commenting on the case, Andrea Minichiello Williams said: “In his decision, the Judge has eschewed professional medical opinion and the testimony of the mother. Autonomy has been elevated as supreme.
“But there seems to be little acknowledgement of how traumatic a late term abortion can be. At 23 weeks, the baby is capable of surviving. The baby is alive and kicking in the womb.
“Miss B’s mother’s concerns about future regret are absolutely valid. Recent evidence shows that having an abortion does not result in better mental health outcomes and may in fact have an adverse effect on a woman’s mental health.
“The emphasis needs to be on care and compassion – for mother and child – not on autonomy. This is a very serious and disappointing judgment”.
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