Irish teenager in court fight over baby who is doomed to die

The 17-year- old, who is four months pregnant, is fighting moves by health chiefs in Ireland to prevent her from leaving the country.

The teenager, known only as Miss D for legal reasons, was told last week that her unborn baby suffers from the devastating condition anencephaly.

It means a large part of the baby's brain, skull and scalp is missing and it will live for a maximum of three days after it is born.

Irish law outlaws abortion unless there is a real risk to the life of the mother, including suicide.

However, women are normally allowed to travel to Britain to terminate their pregnancy.

Miss D's case is being heard before the High Court in Dublin because she is a minor who has been in the care of the Health and Safety Executive since March.

The girl claims she was told by the government agency that it had notified police that she was not permitted to leave the country, and that the care order made it unlawful for her to leave the country without its permission.

The girl's mother and boyfriend support her wishes. Legal teams have agreed that the case, which was lodged on Monday evening, should be rushed through the court system as quickly as possible.

Opening the case for the teenager, Eoghan Fitzsimons said she was effectively being forced to carry her baby for nine months only for it to die.

"It seems most inhumane to expect her to do that," he said.

The case is being brought against the District Justice, the HSE and the Attorney General.

The teenager is seeking to quash the care order made by the District Judge to the extent that it restricts her from leaving the country.

She also wants an order quashing the decision of the HSE to instruct police to prevent her leaving the country.

The HSE's case is still to be heard, but it says its priority is the girl's welfare.

However, the court has heard arguments that it had no power to prevent her from leaving the country for an abortion.

A separate barrister has been appointed to represent the right of the unborn child, and the girl's mother has been granted legal aid so she can be represented.

In a case in 1992, a High Court judge granted an injunction preventing a 14-year-old rape victim from leaving Ireland to have an abortion.

Following a public outcry, the Supreme Court overturned the decision two weeks later to allow her to go. In that case, the court held that there was a real and substantial risk of the mother committing suicide if the pregnancy continued and said the termination was permissible, even in Ireland.

However, Miss D, who has been assessed by a psychiatrist, has stressed that she is not suicidal and will continue with the pregnancy against her wishes if she loses the court battle.

The case has ignited a row between pro-life and pro-abortion groups, leading to demonstrations outside the court.

Mary Muldowney, of the Alliance for Choice, which campaigns for free legal abortion in Ireland, said: "The HSE must retract their callous approach to Miss D's tragic case and facilitate her choice for a termination.

"She cannot afford any further delay."

Berry Kiely, of the Pro-Life Campaign, said: "Every unborn child has a unique worth and dignity and is entitled to protection."

The case continues.