Court Allows Abortion For 12 Year Old Girl

In a first time ruling of this kind, a Queensland judge has given permission for a pregnant 12 year old girl to have an abortion.

The unnamed girl from Brisbane, Australia was 18 weeks pregnant, and was a patient at a State Government-run public Queensland hospital.

There were no details released about the circumstances in which the girl conceived, or about the father, but he is believed to live in Queensland.

The girl had told her parents that she wanted the termination, and they both gave their consent. However, the doctors considered that because of the girl’s age and mental capacity, neither she, nor her parents were legally able to give consent. It was beyond their powers and a judge’s declaration was needed for the abortion to be carried out.

It is the first case of its kind in Queensland.

Justice Margaret Wilson heard evidence from two psychiatrists and an obstetrician about the state of the girl’s health. The obstetrician told the court that the girl had the intellectual capacity of a six year old. A psychiatrist who had performed a mental status examination found her intellect was in the “very low normal range, possibly even lower", and that her emotional maturity is not fully developed for her age. Justice Wilson said she accepted professional advice that the continuation of the girl's pregnancy would pose serious danger to her mental health and wellbeing.

Doctors from the Queensland hospital told the court that the termination was the only way to avert potential dangers to the girl. The court ordered doctors to use the drug Misoprostol to induce labour because at that stage in the pregnancy, there was a high risk that other methods could seriously harm the girl.