Queensland Supreme Court Rules 11-Year-Old Girl Can Have Abortion
A Queensland Supreme Court judge has ruled that an 11-year-old girl can have an abortion, taking into account her physical, psychological, and social circumstances.
In the anonymous decision published by the court, an unnamed hospital and health service had applied for legal orders to terminate the pregnancy of the child, referred to as ‘C’.
Background of the Case
The girl’s treating adolescent psychiatrist had provided evidence suggesting she may have low cognitive functioning, but the court concluded that she did not have sufficient understanding and intelligence to fully comprehend her options, including terminating the pregnancy.
Under Australian law, children are empowered to make their own decisions about healthcare, but parents cannot provide consent on behalf of a child for a termination of pregnancy.
Court’s Decision
Justice Frances Williams stated that the court needed to determine whether it was in the child’s best interests to have a medical or surgical termination, considering factors such as the girl’s views, her age and level of maturity, and the medical evidence.
The court heard that the girl had repeatedly expressed her desire not to continue with the pregnancy, and her mother also preferred her daughter to undergo a termination.
The medical evidence presented suggested that continuing the pregnancy posed significant risks to the girl’s short and long-term physical, mental, and psychosocial wellbeing.
Justice Williams ultimately concluded that it was in the girl’s best interests to allow her to have the termination, weighing the increased physical risk to the child by continuing with the pregnancy against the risks and impacts of the termination procedures themselves.
This decision comes almost a month after the Supreme Court ruled in a similar case, allowing a 12-year-old girl to have a surgical abortion.
The court’s jurisdiction is clear in such cases, focusing on the welfare of the child rather than the unborn child.