Monday 22 December 2014

Pregnant woman refused abortion gives birth by Caesarean

Dearbhail McDonald Legal Editor

Published 15/08/2014 | 19:45

The woman was in the second trimester of the pregnancy when the baby was born
The woman was in the second trimester of the pregnancy when the baby was born

A woman has been refused an abortion under the country’s new abortion laws.

The baby was subsequently delivered by Caesarean section.

The woman was in the second trimester of the pregnancy when the baby was born.

She sought an abortion under the Protection of Life During Pregnancy Act, 2013 as she claimed to be suicidal.

It is believed to be one of the first cases where the new legislation was used.

The panel of experts determined the life of the mother and the child was not at risk from suicide. However, because the pregnancy was so far advanced a decision was made to deliver the baby.

The woman became deeply distressed after the refusal and the baby was delivered by caesarean.

The suicide clause of the law – section 9 of the act – was one of the most contentious parts of the legislation.

Due to the 1992 X case, there is no time limit in the 2013 act as to when a pregnancy can be brought to an end.

But there is no obstacle in the act to prevent doctors from delivering a baby where the pregnancy is viable.

The HSE said it does not comment on individual cases.

The Department of Health said it does not comment on individual cases.

“In response to your query the Protection of Life During Pregnancy Act 2013 commenced on 1st January 2014. Its purpose is to confer procedural rights on a woman who believes she has a life-threatening condition, so that she can have certainty as to whether she requires this treatment or not,” a spokesman said.

More details to follow in tomorrow's Irish Independent and online at independent.ie.

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