Queensland girl, 12, forced to wait a month for abortion despite mum's support

A 12-year-old Queensland girl was forced to wait a month before she could undergo an abortion, and despite the support of her mother and medical experts, she still needed her estranged father to give permission for the termination.

The case has put a spotlight on the current Queensland health system, with the delay risking both the girl’s mental trauma and the procedure given the extended gestation period.

While “uncommon” for a girl of 12 to be pregnant in Queensland, a Medical Journal of Australia report found the cases were “not rare”.

MJA figures showed there were 16 girls aged 13 years or less who presented at a Queensland medical practice with an unplanned pregnancy in the 12 months to June 2016.

Fifteen of those girls obtained care in the private sector.

In the case of the 12-year-old girl, named Q in medical documents to protect her identity, both Q and her mother requested an abortion go ahead in a public hospital.

A social worker, who was known to the family, supported the girl’s decision while two obstetricians found Q to be Gillick competent – or able to consent to the legal procedure.

But under the current system, the girl was then forced to take her case to the Queensland Supreme Court to get authorisation for the abortion to go ahead, forcing the Department of Communities, Child Safety and Disability Services to get involved.

“Although Q had clearly stated that she did not want her estranged father informed of her situation, the court required him to be contacted and his approval for the termination to be sought,” the report found.

“Q was also required to be assessed by a psychiatrist.”

The report's authors Heather Douglas and Caroline M de Costa found Q’s case has uncertain implications for medical practitioners and patients.

“While there are clear Queensland Department of Health guidelines setting out procedures or hospital decision making in cases like that of Q, the decision of the health service to seek direction from the court underlines the fear and uncertainty on the part of doctors and administrators regarding the legality of abortion in Queensland,” the report found.

Abortion laws across Australia vary in each State and Territory, with early-term surgical abortions generally available around Australia for those women who seek them.