Abortions based on sex of foetus may not be illegal, court told
Having an abortion based on the sex of the foetus may not be illegal, the Court of Protection has heard.
A woman, known only as HB for legal reasons, had her request for termination denied because clinicians thought her motive was that she did not want a girl and believed this to be against the law.
Doctors were also concerned about her mental capacity and believed she may have suffered brain damage from domestic abuse, although a psychiatrist who assessed the woman said he found no evidence of her lacking capacity.
Lawyers representing Cambridge University Hospitals NHS Foundation Trust, Cambridgeshire County Council and HB said at a hearing on Tuesday that the court should no longer have jurisdiction over the woman’s care after the psychiatrist’s “compelling” evidence attesting to her ability to decide her own course of treatment.
The court may therefore not be required to decide on the legality of having a sex-based abortion, although there was still “room for doubt” about whether it could be allowed, Eloise Power, for the NHS trust, said.
“Uncertainty”
She added: “My concern is that at some point in her life, somebody has strangled her.
“I have never seen a patient present like this repeatedly, who has not had some sort of event happen to them.”
Concerns
Mrs Justice Theis said on Monday that the court was not well-placed to determine the legality of terminating a pregnancy based on sex because of the time pressure.
She said: “This hearing has not been set up to deal with a wider interpretation.
“It would need reference to all sorts of government bodies at least.”
The hearing is expected to conclude on Tuesday.
Support our Nation today
For the price of a cup of coffee a month you can help us create an independent, not-for-profit, national news service for the people of Wales, by the people of Wales.
