Pregnant children and their best interests

Mrs Justice Arbuthnot held that AZ an 11 year old lacked Gillick competence to decide the future of her pregnancy. Her parents were regarded as too unreliable to make a decision for AZ; it was therefore for the court to decide whether it would be in her best interests for her pregnancy to be lawfully terminated. AZ had satisfied the Abortion Act 1967 s 1(1).

Arbuthnot J decided that a surgical termination should take place. She also authorised the removal of tissue from the placenta for forensic testing in the criminal investigation of rape by a 14 year old boy whom AZ had met via the internet. He denied having had any sexual encounter with her.

Arbuthnot J hoped that AZ might receive a contraceptive implant to ensure that she would not have a baby during her early teens.

Following her judgment Arbuthnot J gave detailed guidance to be used in future cases of the incapacitous pregnant.  

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