Court grants abortion application

A mentally-ill, alcohol-addicted homeless woman has had a pregnancy termination application granted by the Family Court on the advice of medical professionals.

The woman, who at the date of the hearing was just over 19 weeks pregnant, had previously wanted to end the pregnancy.

However, she became more unwell, and it was feared she lacked the mental capacity to consent or refuse consent to the procedure.

Wellington Family Court judge Mary O’Dwyer heard the urgent case in hospital in August, where the woman was receiving inpatient care.

In the recently published decision, Judge O’Dwyer said the woman had a difficult history of enduring mental illness and had an alcohol and solvent disorder.

Her abusive partner is in prison serving a term of 31⁄2 years.

The woman had asked about a termination in April and when maternity social workers located her she was homeless and living in a car.

In July, she sought detox treatment while living on the street. But she left within a week saying she wanted to continue drinking. Two days later she was assaulted by her partner.

The judge said there had been 94 previous family harm incidents recorded with police.

The woman was also briefly at Ma¯ ori Women’s Refuge but left to sleep on the street again.

Shortly after she was put into care, where a doctor considered she was suffering a relapse of a schizophrenic disorder, in part because she had stopped using her medication.

Judge O’Dwyer said she had sought advice about a termination several times, but was also sometimes willing to continue the pregnancy.

The medical evidence before the court was that she had impaired judgment, possible intellectual or learning disabilities, a neuro-disability and was unable to make a decision about the pregnancy.

The judge said while her partner would like her to have the child, he was willing to leave the decision up to her.

The application was made under the Protection of Personal and Property Rights Act to allow the medical procedure to be carried out.

‘‘Since (her) admission on July 21, 2021 to (the treatment service) . . . has consistently been assessed as lacking capacity to understand the nature, and to foresee the consequences of a termination of pregnancy.’’

The judge granted the application. She said there was a safeguard that the consultants were not to proceed unless they were satisfied it was clinically and ethically appropriate to do so.