Teenager seeking abortion at no risk to suicide
The girl, known as Miss D, was assessed by a psychiatrist last week who, in a report read to the court yesterday, concluded she was “not suicidal at present”, had no psychiatric illness and had appropriate insight into her situation.
The psychiatrist reported the 17-year-old was very upset and had run out of hospital when she learned from a scan on April 23 that her baby has anencephaly, a condition in which a major part of the brain is missing. She had said she felt guilty because she had not taken folic acid during her pregnancy.
She also said she was in a very supportive relationship with her boyfriend for over two years which was “even better now” because of his support during this situation.
She had decided, having learned about her baby’s condition, that she wanted to go to Britain for an abortion and was very annoyed that a social worker had told her she could not. “It’s my body and I should be allowed to do with it what I want,” she said.
She also said she dreaded the thought of giving birth because it would be “pointless” as the baby was going to die. She had also explained that she had taken an overdose some months earlier to get attention but was not suicidal.
The report was read by Miss D’s counsel Mr Eoghan Fitzsimons SC at the opening of her application for an order restraining the HSE from stopping her travelling to the UK for an abortion.
In legal submissions Mr Fitzsimons said it was his contention that abortion could be carried out here as it would not be a termination ‘in the traditional meaning’.
He said as the condition has been diagnosed, there is no viable right to life as the baby is going to die within a short time. He submitted that it puts Miss D’s child outside the defence of the unborn.
Mr Fitzsimons said his side will produce evidence that pregnancy with a child such as this does pose a risk to the health of the mother. The HSE had misconstrued the law and made a mistake as to the legal position. This was not a case, he added, where Miss D was seeking assistance from the HSE to travel to Britain.
Mr Fitzsimons also said an obstetrician had stated there is substantial evidence that termination is safer than continuing with the pregnancy particularly with this being a first pregnancy and with the girl being under 18. His side would present an expert study to the effect that, if required to go to term, Miss D faced a risk of life threatening thrombosis .
In an affidavit, Miss D’s mother said her daughter was very upset when she learned of her baby’s condition and she supported her decision to seek an abortion.
She said a social worker had told her that the case would be a media circus.



