Woman carrying baby with fatal foetal anomaly is denied a termination, Dáil hears

A woman whose unborn baby has been diagnosed with a fatal foetal anomaly has been refused a termination, People Before Profit TD Bríd Smith has said.

The Dublin South Central TD told the Dáil on Wednesday afternoon she was just off the phone after speaking to a couple from her constituency who have a diagnosis at 22 weeks of a fatal foetal anomaly.

“They have a two and a half year-old child and they were refused at a multidisciplinary team meeting this morning a termination on the grounds of fatal foetal anomaly because it is impossible, in the words of Marie O’Shea, who spoke to the health committee in October, to say how long if that baby survived birth that it will live,” Ms Smith said.

“And yet we have a clause, section 11, in the legislation that will not allow for doctors to recommend a termination in very tragic circumstances, a baby with one enlarged kidney covered in cysts with no amniotic fluid around its body and the mother suffering in pain.”

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Ms Smith said the woman will be forced to travel to Liverpool and was told to “bring her two and a half year-old with her if you can’t get care”.

“I don’t believe the cruelty that’s going on in our hospitals at the moment and I am really pleading with this Government to do something about it,” she said.

The PBP TD said the Government had “a very comprehensive report” from Ms O’Shea. The barrister chaired a review of Ireland’s abortion law, which last April recommended significant changes to the provision of services.

“You can legislate on the grounds of at least fatal foetal anomaly and decriminalising abortion so it doesn’t act as a chill factor in decisions that should be made for the care of women, not for the constitutionality of it,” Ms Smith added.

Minister for Enterprise, Trade and Employment Simon Coveney, who was standing in for questions, said he would be “very slow” to comment on an individual case that was “as stressful and potentially as tragic” as the one described by Ms Smith.

“But we will have an opportunity in the New Year to finalise decisions in relation to the report that you [Ms Smith] mentioned. This House will have plenty of time to debate that early in the New Year,” he said.

The HSE does not comment on individual cases, a spokesperson said on Wednesday evening.

They noted that under the Health (Regulation of Termination of Pregnancy) Act 2018, there are four circumstances in which a termination is lawful – including when two medical practitioners, having examined the pregnant woman, are of the opinion that a condition affecting the foetus “is likely to lead to the death of the foetus either before, or within 28 days of birth”.

“Every diagnosis of fetal anomaly is devastating for the family. Where the diagnosis does not meet the legislative threshold for a termination under Section 11, the option of a termination is not available to the family, further exacerbating the distress,” the spokesperson said.

“Medical staff can only offer care within the legislation governing termination of pregnancy, and if a diagnosis is not deemed to meet the threshold then a termination cannot be carried out.”

In the event that a woman is refused a termination, they are entitled to an independent review of their case, as outlined in the relevant legislation.

Ms O’Shea was appointed to review the adequacy of termination laws in Ireland, and delivered her final report in April which was then brought to Cabinet.

It recommended widespread changes, including the decriminalisation of doctors, the removal of the mandatory three-day waiting period to access termination medication, new guidelines on conscientious objection and the reconsideration of the rules around accessing an abortion in cases of fatal foetal abnormality.

The Termination of Pregnancy Act, which came into effect on January 1st, 2019, provides abortion without restriction up to 12 weeks’ gestation, subject to a three-day waiting period.

Terminations are also permitted after 12 weeks if there is a risk to the life or health of the mother or in cases where it is judged the foetus will die before, or within, 28 days of birth.

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