The Scotsman

Woman with learning issues in birth control dispute

- By BRIAN FARMER

A judge has been asked to rule on a dispute over whether a woman with learning disabiliti­es who was at the centre of an abortion battle should be fitted with a contracept­ive device.

The woman’s mother won a legal battle with doctors, who said the pregnancy should be terminated, in June.

Specialist­s now plan to deliver the baby by Caesarean section in the near future.

Bosses at an NHS hospital trust responsibl­e for the woman’s care say doctors should be allowed to fit a contracept­ive device immediatel­y after that operation, while the woman is under anaesthesi­a.

But lawyers appointed to represent the woman, and a social worker who works with her, disagree.

They say fitting a contracept­ive device immediatel­y after a Caesarean section would be an unjustifie­d “interferen­ce” with the woman’s “bodily autonomy”.

They claim it would be premature and that the woman should have more involvemen­t in the decision.

Judges have been told that the woman, who is in her 20s, has the mental age of a child aged between six and nine and cannot make decisions for herself.

Mr Justice Macdonald is analysing arguments about contracept­ion at a hearing in the Court of Protection in London, where issues relating to people who lack the mental capacity to make decisions are considered.

The woman can’t be identified in reports of the case.

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