Girl, 16, can undergo Caesarean section without consent, judge rules

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A sign for the Birth Unit, Maternity Ward and Outpatients Department
Image caption,

Lawyers for the trust caring for the girl have confirmed she has given birth

A judge has ruled that a pregnant girl with a "history of sexual exploitation" and a diagnosis of post-traumatic stress and anxiety could undergo a Caesarean section without her consent.

The Court of Protection heard the 16-year-old, who is in council care, had a "strong wish" to give birth with the "least intervention".

However, the court was told surgery was the only "realistic" option.

On Friday, Mr Justice Cobb ruled it would be lawful to operate on her.

Wrightington, Wigan & Leigh Teaching Hospitals NHS Foundation Trust had asked the judge to decide what moves were in the teenager's best interests.

'Awake and aware'

Peter Mant, who led the trust's legal team, told the judge that the girl's views on giving birth had changed repeatedly.

Mr Mant said doctors believed it was in the girl's best interests to have a caesarean section, as there was "a significant risk of still-birth" and the teenager's mental health difficulties made delivery by surgery the only "realistic" option.

The court was also told that efforts to induce had been unsuccessful because of the girl's issues and that her capacity to make decisions "fluctuated".

The teenager, who was represented by Mungo Wenban-Smith, said she wanted to deliver her baby naturally.

She told the judge that she had a "strong wish" to give birth with the "least intervention" and to be "awake and aware" when her baby was born.

Mr Justice Cobb said doctors should make one last attempt to induce, but ruled that performing a caesarean section would be lawful if necessary.

He then barred the reporting of his decision until after the birth to protect the girl and her baby.

A spokesperson for the judge later said the teenager had given birth to a "healthy baby girl" after being "successfully induced" over the weekend.

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