A Supreme Court judge in Queensland has ruled that an 11-year-old girl should be allowed to have an abortion, determining it was in her best interests after considering medical and psychological evidence.
The decision, handed down by Justice Frances Williams in April and published this week, followed an application from an unnamed hospital and health service seeking legal authorisation for the procedure. The service argued there were concerns about whether the child, referred to as "C", had more than a superficial understanding of her pregnancy.
Under Australian law, minors can make their own medical decisions if deemed capable of fully understanding the implications — a principle known as "Gillick competence." However, Justice Williams found that the girl did not meet this threshold, meaning the court had to decide whether to grant approval. Parents cannot provide consent for a child to terminate a pregnancy.
The court heard that the girl had repeatedly expressed she did not wish to continue with the pregnancy. Her mother also supported the termination. Medical specialists presented evidence that continuing the pregnancy posed "significant risks" to the child’s physical, mental, and social wellbeing, outweighing the risks of termination.
Justice Williams concluded the procedure was in the girl’s best interests, noting:
“This takes into account a number of factors including the increased physical risk to the child by continuing with the pregnancy; and the increased mental or psychological risks of continuing with the pregnancy … balanced against the risks and impacts of the termination procedures themselves.”
The ruling authorised either a medical or surgical termination. The court also reaffirmed that its jurisdiction relates to the child and not the unborn, a position established in Queensland law since 1983.
The case follows a similar ruling last month, when the Supreme Court permitted a 12-year-old girl to undergo a surgical abortion.
Source: ABC