HSE clears way for teen to travel for UK abortion

The Health Service Executive (HSE) today said it would not stand in the way of a teenage girl who wants to go to the United Kingdom…

The Health Service Executive (HSE) today said it would not stand in the way of a teenage girl who wants to go to the United Kingdom for an abortion.

Even though they moved quickly to stop the 17-year-old last month, lawyers told the High Court they were now prepared to let her travel under certain conditions.

No indication was given if and when the teenager, known only as Miss D, will apply to leave. The change of heart came as a third day of hearings in the dispute drew to a close, with the case set to resume on Monday.

The HSE will agree to let Miss D leave for the UK on the grounds she has consent from her mother and a judge.

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The girl, from Leinster, is four months pregnant and in the care of the HSE. Just over a week ago she was told that the baby she is carrying suffers from anencephaly, meaning a major part of the brain, skull and scalp will not form. The newborn is likely to survive for three days at the most.

Miss D immediately told a social worker she could not cope with carrying her baby for nine months knowing that it would die, and signalled her wish to have an abortion.

The HSE stepped in, informing gardai that they wanted officers to stop her from travelling. They also wrote to the Passport Office, refusing their consent for a passport.

Their lawyers today faced persistent questioning from Mr Justice Liam MacKechnie to outline what was in the best interests of Miss D. He said that was the core human point in this very difficult case. And, following lengthy legal argument, lawyers for the HSE said they would agree to her travelling but only if certain conditions were met.

Gerard Durkan SC, for the HSE, set out the four grounds required for health bosses to agree not to stop Miss D.

He said an application would have to be made in the District Court and a judge would have to be satisfied Miss D's wish to have an abortion was fully considered.

The teenager must also have the continued support of her mother and the court had to be satisfied that the travel was lawful and appropriate.

Mr Durkan also said the HSE would prefer it if Miss D had counselling. If these criteria are met, he said, "the HSE's view would be that it would not be in her best interests to stop her".

But no indication was given if or when Miss D or the HSE would attend the District Court seeking an order granting her permission to travel. The legal dispute will resume again on Monday.

Mr Durkan told the court that the HSE made its initial decision to try to stop Miss D travelling without the luxury of time or a battery of lawyers giving advice. He said the HSE had been placed in an awkward situation and hindsight was a wonderful thing.

Lawyers for the unborn child and lawyers for the State are still due to make their submissions in the case.