A Queensland court has granted a 12-year-old girl the power to consent to her own surgical abortion.
The youth, identified only as E in court documents, had become pregnant with her 13-year-old partner but did not wish to have the baby.
At the time of the June 25 judgement, which was published by the courts on July 23, the girl was about nine weeks’ pregnant and in a hurry to abort amid fears her father could become violent if he discovered the pregnancy.
Staff at the unnamed hospital believed a termination at 12 weeks’ gestation would pose the lowest risk of complications in the girl.
According to court documents, E’s mother and grandmother were both in support of her undergoing an abortion.
However, hospital staff, who were in agreement that the termination was in E’s “best interests”, sought an order from the court because they were concerned the child lacked the capacity to consent to the procedure herself.
Additionally, under current laws, a parent cannot consent to an abortion on behalf of a child.
A midwife, referred to in court documents, gave evidence that E required assistance to understand some of the questions put to her regarding the termination, and that the midwife was not able to have a detailed conversation with the child.
“The midwife was left with the opinion that E did not demonstrate sufficient insight into the operation’s risks and benefits,” Justice Catherine Muir remarked.
“But this evidence needs to be seen, now, in light of the evidence that E gave before me, where she clearly articulated the risks associated with the surgical intervention.
“E’s mother believes that E shows maturity beyond her years, and that she was very aware of her body and how it functions.”
The treating obstetrician gynaecologist also expressed concerns that E was not able to explain the risks of medical versus surgical abortion around a week after they had been described.
Justice Muir noted that “the real question” for the court was whether E had reached a sufficient understanding to enable her to fully understand what had been proposed.
The Gillick test, which is used legally to determine a child’s ability to consent in such cases, states that a child should be capable of understanding what is proposed and also able to express their own wishes.
It was accepted that E could explain the risks of abortion to the court.
Justice Muir declared that E was “competent to consent to undergo the termination of her pregnancy, and she may give valid and lawful consent for such treatment.”
The girl’s name and location were suppressed by the court to protect her anonymity.
