Heartbreaking 12-year-old’s abortion case at centre of decriminalisation push

A GIRL’S heartbreaking abortion case is at the centre of a renewed push to decriminalise abortion across Australia.

Underage girls are seeking help with unwanted pregnancies, and the law isn’t always on their side.

A 12-YEAR-OLD Queensland girl’s heartbreaking abortion case is at the centre of a renewed push to decriminalise abortion across Australia.

The Rockhampton schoolgirl, identified by the courts only as “Q”, sought an abortion in April this year after becoming pregnant.

After asking for an abortion from her local general practitioner, the girl was referred to a public hospital. There, although a specialist obstetrician deemed it appropriate for her to have a termination, the health service administration applied to the Queensland Supreme Court to authorise the abortion.

That meant a lengthy litigation process that delayed the termination the girl was later found by the court to be entitled to by a month, and a whole lot of distress.

The case of Q is the focus of an article published in the Medical Journal of Australia advocating for the criminal laws in place in Queensland and New South Wales — which saw the legal system interrupt Q’s abortion — to be repealed.

The article’s authors argue for the abortion to be legalised as underage girls seek help with unwanted pregnancies. They cite figures from Brisbane organisation Children by Choice saying that in the 12 months to June 2016, the services saw 16 girls aged 13 or under who presented with unplanned pregnancy.

In the article, co-authors Heather Douglas and Caroline Di Costa write: “Q wanted an abortion, Q’s mother supported her decision, a social worker who knew the family supported the decision, and the obstetrician, having discussed the case with a second specialist obstetrician, determined that Q ... had a sufficient understanding and intelligence to enable her to understand fully what was proposed.

“Although the termination then took place, the delays with further consultations and the court process itself meant that a month had elapsed since Q had first request it, significantly increasing the stress and mental trauma for the young woman and extending the gestation period, therefore increasing the possible risks of the procedure,” they wrote.

Abortion remains a criminal offence in Queensland and New South Wales “unless it is deemed lawful”, with the definition of lawful unclear.

In Queensland it is accepted that abortion is permissible if there is serious danger to the mother’s life or her physical or mental health, though there is little clarity around how that danger is determined.

The articles authors argue the laws are ambiguous and outdated, and that the confusion around when an abortion is lawful leads to uncertainty from doctors around performing abortions.

“Most Australian states have introduced significant legislative modifications since 2000; however, in NSW and Queensland, the legislation, and specifically the offences, are more than 100 years old and well overdue for reform,” they write.

“It is to be hoped that both states will see abortion decriminalised in the near future and placed in the health regulations, so that practitioners have clear guidance for abortion care.”

The article cited other recent cases of prosecution over abortion, including the 2010 case of a Cairns couple charged over procuring abortion. They were found not guilty.

The case prompted Queensland MP Rob Pyne to introduce private members bills to Parliament to have abortion removed from the criminal code and regulated under the health act.