LONDON, May 27, 2013 (LifeSiteNews.com) – A High Court has ruled that a woman suffering from bipolar disorder and schizophrenia can decide for herself to have an abortion at 23 weeks gestation. Doctors had tried to stop the procedure, saying that she was not able to make an informed decision.
The woman, known only as SB, suffers from bipolar disorder and schizophrenia, including “persecutory and paranoid delusions” about her mother, her husband and social services. Doctors informed the court that she has assaulted both her mother and husband several times. A psychiatrist testified that he was “100 per cent certain” that SB is incapable of making a decision. The judge nevertheless declared that it would be “a total affront” to her autonomy to refuse her the abortion.
Mr. Justice Holman ruled in the Court of Protection that SB “does have capacity to make a decision to request the consent to end her current pregnancy.”
The 37-year-old woman, who is “sectioned” and living in a secure facility, was almost 23 weeks pregnant at the time of the decision last week. She had threatened suicide if the abortion was not allowed to go forward.
However, SB’s mother, husband and doctors said there was no medical need for the abortion, saying that before her illness became acute, she had wanted the child, a girl. A representative of the NHS trust in charge of SB’s care said she had participated “enthusiastically” in prenatal scans and assessments. Her physicians said her attitude changed only after she stopped taking her medication in April, which she did in order to protect her baby.
“She has been ill several times,” said SB's mother, “I know her well, I know the symptoms and feel confident she could regret it especially as she was happy about it to begin with.” She agreed with the psychiatrist’s opinion and said: “I know my daughter when she is well and she is definitely not well now.”
But Mr. Justice Holman ruled, “The patient perfectly understands what’s involved in a termination… she perfectly understands the finality of the event.” He told SB, “Don’t forget you can change your mind. You can make these decisions.”
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SB had told the court “I have no real support from my husband”. “It would never work. I don’t really see a future in terms of my relationship with (him),” she said.
She also told the court that she feared she would not be able to care for a child, saying she has no money and is not able to work. She added, “I would not regret that I got rid of it.”
However, SB’s mother disagreed with her daughter’s assessment. “I’ve seen no evidence her husband is not supportive. I saw her every day since December last year,” she said.
Mr. Justice Holman agreed that SB is “mentally unwell” but said the legal question is whether she is “incapable of making a decision.”