Judgment: 2025-10-29 · Court archive

High Court gives consent for termination of pregnancy for minor lacking capacity

High Court · [2025] IEHC 604

Who, what, where, when and why

Who
  • Mr Justice David Barniville
  • Child and Family Agency
What

High Court gives consent for termination of pregnancy for minor lacking capacity

Where

Places mentioned in the report

  • High Court
When

Judgment:

Why

Reasons reported in the judgment

A consultant child and adolescent psychiatrist told the court that the girl lacked the mental capacity, assessed on a functional basis, to make the decision herself. A consultant obstetrician and gynaecologist and the psychiatrist both supported termination under section 9 of the Health (Regulation of Termination of Pregnancy) Act 2018.

The High Court has authorised a termination of pregnancy for a 15-year-old girl after medical evidence established that she lacked the functional capacity to consent to the procedure herself.

Mr Justice David Barniville, President of the High Court, made the orders on 29 October 2025 in urgent minor wardship proceedings brought by the HSE.

The girl, who was almost 16 and approximately 14 weeks pregnant, had consistently said that she wanted the pregnancy terminated. Medical evidence before the court was that there was a serious risk to her life if the pregnancy continued.

A consultant child and adolescent psychiatrist told the court that the girl lacked the mental capacity, assessed on a functional basis, to make the decision herself. A consultant obstetrician and gynaecologist and the psychiatrist both supported termination under section 9 of the Health (Regulation of Termination of Pregnancy) Act 2018.

The court heard that neither parent was able to give formal consent. Her father adopted a neutral position and did not object. Her mother initially maintained that her daughter should be regarded as capable of deciding for herself, but accepted that if the medical evidence established a lack of capacity she would not oppose the procedure. Both parents cited personal cultural or religious reasons for not providing consent themselves.

The Guardian ad Litem and the Child and Family Agency supported the HSE application as being in the girl’s best interests.

Mr Justice Barniville found that the statutory requirements for termination were satisfied and that court intervention was proportionate under Article 42A of the Constitution. He authorised the procedure and related medical treatment.

The judge did not make the girl a ward of court. He said that was unnecessary because the purpose of the proceedings was limited to providing consent for the treatment. The wardship summons was adjourned for review and costs were reserved.

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