Queensland hospital given permission by Supreme Court to perform abortion on 12yo girl
An unnamed hospital applied to the Supreme Court for orders after being asked to perform a surgical termination for the child, referred to as "E", who was about nine weeks pregnant.
In a decision from mid-June, published online on Wednesday, Justice Catherine Muir said the girl wanted to terminate her pregnancy, and her mother was supportive, but under the law, "a parent cannot consent to the termination on behalf" of her.
"The hospital seeks orders from the court in its parens patriae jurisdiction to authorise the termination," Justice Muir said.
"These orders were sought because hospital staff are concerned the girl lacks capacity to consent to the termination herself.
Justice Muir said the pregnancy was "a result of consensual intercourse between E and her 13-year-old boyfriend, who is aware of the pregnancy, and of the desire for the termination".
The girl was starting to experience the symptoms of pregnancy and "missing out on school," the judgement said.
"She wants to obtain the termination before she begins to show signs of pregnancy, so that her father and her sister are not alerted to her pregnancy," she said.
Justice Muir said the "real question" for the court was whether E had reached a "sufficient understanding and intelligence to enable her to understand fully what is proposed".
She said the girl gave evidence to the court and "did very well in answering questions".
"Although court was closed and these proceedings, ultimately, will be suppressed, it is a daunting thing for adults to come to court and give evidence, let alone for a child to do so. I am satisfied that E did this bravely," Justice Muir said.
She noted the girl was able to explain to her what she understood she was doing by choosing to terminate the baby, and also that there were risks with this procedure, including bleeding, risks for future pregnancy, cramping and infection.
She said the hospital had "excellent" facilities and support systems in place to support young people such as E.
A psychologist assessed E and was satisfied that she was clear that she wanted a termination and that she knew that having a baby would impact her life.
An obstetrician and gynaecologist also met with E on two occasions and considered she had a "rudimentary view" of what it meant to terminate a pregnancy "consistent with that of a 12-year-old," the judgement said.
The court also heard from a midwife, who gave evidence that the girl required assistance to understand some of the questions put to her about the termination, and believed she did not demonstrate sufficient insight into the operation's risks and benefits.
"But this evidence needs to be seen, now, in light of the evidence that E gave before me, where she clearly articulated the risks associated with the surgical intervention," Justice Muir said.
The judgement also said that the girl's mother believed her daughter shows "maturity beyond her years" and that she is very aware of her body and how it functions.
Justice Muir said the application seemed to "distil down to the concern of the hospital staff about E's understanding of the risks associated with this surgery".
"That, I accept, is an understandable concern," Justice Muir said.
"But having heard from E in court, I am satisfied that she does sufficiently understand not only what is proposed, that is the surgical termination, but also the risks of having that termination."
She said she was satisfied that the child in this case was "competent".
"That is, she is competent to consent to undergo the termination of her pregnancy, and she may give valid and lawful consent for such treatment," she said.
"I am prepared to make a declaration in those terms".
Queensland decriminalised abortion in 2018.
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