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Abortion already underway as the Court of Appeal overturned forced abortion ruling

Documents from the Court of Appeal which ultimately stopped a state enforced abortion from taking place last month, revealed that the first stage of a three day abortion procedure was being carried out during the Court hearing.

At the end of June, Justice Nathalie Lieven ruled that forcing a woman with a moderate learning disability to have an abortion against her will was in her “best interests”. In a last minute hearing the next working day (Monday 24/06), three judges in the Court of Appeal overruled this decision, forbidding doctors from performing an abortion on this woman.

The full ruling of the Court of Appeal has now been released and it reveals that the woman was already undergoing a “pre-operative assessment” for the abortion, which was in fact being carried out during the hearing at the Court of Appeal.

The “pre-operative assessment” formed what would have been part of a three day invasive process which would ultimately have ended the life of her baby.

The ruling also reveals that the judges overturned Justice Lieven’s decision because she gave insufficient consideration to the wishes and feelings of the pregnant woman, as well as the views  of the woman’s primary carers – including her own mother – who believed it was in her best interests not to have an abortion.

The Court of Appeal judge, Lady Justice King said Justice Lieven “made no mention of AB’s [the woman’s] wishes and feelings or of the views of CD [the woman’s mother], the social worker or the Official Solicitor. This was, in my opinion a significant omission.”

The Court of Appeal also brought to light the “well established” principle that “the court does not take into account the interests of the foetus but only those of the mother”.

Clare McCarthy from Right To Life said:

“Between the original ruling and the decision from the Court of Appeal, the life of the 22-week-old baby hung in the balance and was literally hours away from being aborted. In fact, the pre-operative assessment for the abortion was already underway. If this last-minute hearing did not take place when it did, this baby would not be alive.

“As the ruling from the Court of Appeal made clear, the right to life of the baby held no weight in court, as the “the court does not take into account the interests of the foetus but only those of the mother”. This is despite the fact that the baby, this late in gestation, would in some cases have been able to survive outside of the womb.

“Although it is a major relief that the Court of Appeal came to this decision, and that the forced abortion did not take place, it is a chilling case that demonstrates the power the court holds over life and death.

Help stop abortion up to birth for babies with disabilities including Down's syndrome & club foot

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Dear reader

In 2020, the UK Government imposed an extreme abortion regime on Northern Ireland, which included a provision that legalised abortion right up to birth for disabilties including Down’s syndrome, cleft lip and club foot.

A new Bill has been launched at the Northern Ireland assembly that will remove the current provision that allows abortion for ‘severe fetal impairment’.

It is under these grounds in the regulations that babies with disabilities including Down’s syndrome, cleft lip and club foot can currently be singled out for abortion in Northern Ireland because of their disability and can be aborted right up to birth.

Before the new abortion regime was imposed on Northern Ireland in 2020, disability-selective abortion for conditions such as Down’s syndrome, cleft lip and club foot was not legal and there was a culture of welcoming and supporting people with these disabilities rather than eliminating them.

This is reflected directly in the latest figures (2016) from the Department of Health in Northern Ireland, which show that while there were 52 children born with Down’s syndrome in Northern Ireland, in the same year only 1 child from Northern Ireland with Down’s syndrome was aborted in England and Wales. 

This contrasts with the situation in the rest of the United Kingdom where disability-selective abortion has been legal since 1967.

The latest available figures show that 90% of children diagnosed with Down’s syndrome before birth are aborted in England and Wales.

We are, therefore, asking people like you to take 30 seconds of your time and add your support to the campaign to stop abortion up to birth for disabilities including Down’s syndrome, cleft lip and club foot in Northern Ireland.

If you live in Northern Ireland: 
Ask your MLAs to vote to stop abortion up to birth for disabilities including Down’s syndrome, cleft lip and club foot:

If you live outside Northern Ireland: 
Show your support by signing this petition in support of the Bill:

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Help stop abortion up to birth for babies with disabilities including Down's syndrome & club foot

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