THE HIGH COURT approved an application brought by the HSE last month to terminate the pregnancy of a 15-year-old girl after finding she did not have the capacity to make the decision herself.

The HSE brought the urgent application in October after medical specialists warned that continuing the pregnancy posed a serious risk to the girl’s life.

The girl, who lives in International Protection accommodation, was 14 weeks pregnant at the time of the ruling, past the 12-week gestational mark when terminations without medical reason are no longer permitted.

She had made repeated threats to harm herself if forced to continue the pregnancy.

Two medical specialists, a child and adolescent psychiatrist and a consultant obstetrician, examined the girl and certified under the Health (Regulation of Termination of Pregnancy) Act 2018 that the legal conditions for a termination were met.

The court heard that the medical practitioners formed the opinion that the girl’s health was at risk of “serious harm” and that it was “appropriate to carry out termination of the pregnancy” in order to avoid that risk.

The court heard that the psychiatrist was “unequivocal in his view” that the girl did not have the capacity, “not just in terms of her age, but does not have mental capacity as the term is understood, on a functional capacity basis”, to decide to proceed or not to proceed with a termination of pregnancy.

He also expressed the view that the foetus “is not currently viable” and would not be viable at the time of termination, which he said may be carried out in order to avert the risk to the girl’s life.

The girl’s Guardian ad Litem and the Child and Family Agency (Tusla) both supported the HSE’s application, stating that authorising the procedure was in the minor’s best interests and consistent with her clearly expressed wishes.

The parents of the child did not provide consent for the termination due to religious and cultural beliefs but did not object to it proceeding.

Mr Justice David Barniville, president of the High Court, granted the application and noted the need for follow-up psychiatric and social care for the teenager.

The judge thanked the psychiatrist “for his very clear evidence” and for his patience in waiting to hear the conclusion of the hearing and the conclusion of the judgment.

He also thanked all of the parties involved “for cooperating with a view to getting this case on and assisting the Court in resolving this very difficult case today”. 

Following the ruling, the termination was scheduled to have taken place earlier this month.