Legal action taken over guidelines on abortion in North

Woman whose twins had fatal fetal abnormalities claims delays compounded trauma

Delays at the Northern Ireland Department of Health in providing the revised guidance to medical professionals has compounded the trauma of losing her babies, the woman claims

A Co Antrim woman is taking legal action over an alleged continued failure to issue finalised guidelines on abortion in the North.

The woman, granted anonymity in the case, travelled to a clinic in England in 2013 to terminate twins with fatal foetal abnormalities.

The woman claims ongoing delays at the Northern Ireland Department of Health in providing the revised guidance to medical professionals has compounded the trauma of losing her babies. Her solicitor said she wants to try to ensure others do not have to go through the same experience.

Staff at a Belfast hospital believed they were unable to carry out the abortion due to uncertainty around the law, according to papers in the case.

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Unlikethe rest of the UK, terminations are illegal in Northern Ireland except in limited circumstances where the mother’s life or mental well-being are considered at risk. Lawyers for the woman are now seeking to judicially review the health department, claiming she had a legitimate expectation that the guidance would be published in final form.

Second non-viable pregnancy

Earlier this year, after proceedings were commenced, she discovered that a second pregnancy was also non-viable. On that occasion, however, she was able to have an abortion at another hospital in Belfast.

Consultants decided that continuing with the pregnancy could have serious consequences for her mental health.

Her legal action represents the latest litigation surrounding the issue which stretches back more than a decade.

A full hearing was due to begin at the High Court in Belfast this week. Mr Justice Maguire agreed to adjourn proceedings, however, to allow more time for both sides to finalise their cases.