Ms Y baby’s foster carers granted consent to medical treatment in emergency

Foster carers of the child born last August to Ms Y, the asylum-seeker who unsuccessfully sought an abortion, will have the right to consent to medical treatment for the baby in the event of an emergency.

A care order already existed which allows the Child and Family Agency, Tusla, to consent to medical emergency treatment for the baby.

Today a judge extended the order obtained by Tusla to allow foster carers consent to any medical treatment or assessment required in the event of an emergency after they begin caring for the baby.

The application to extend the order was made at a sitting of the district court by a solicitor acting for Tusla, which has responsibility for the baby boy.

The baby’s mother, Ms Y, a young immigrant, had arrived in Ireland in March seeking asylum and became very distressed when she discovered she was pregnant during a health screening.

Ms Y stated that she had been raped in her own country and sought an abortion but was told that it might be difficult to travel to the UK because of her status and she was provided with counselling by the Irish Family Planning Association.

However the young woman became increasingly distressed when it became clear she was unable to travel for an abortion due to the costs involved and the restrictions on her right to travel, and she stated that she was suicidal.

The woman came to the attention of the HSE psychiatric services at about 24 weeks gestation when it was deemed too late to abort the pregnancy despite the fact she was deemed suicidal under the provisions of the Protection of Life During Pregnancy Act.

Last month, at the previous care order hearing, a solicitor acting for the young woman told the court that her client did not wish to participate in the proceedings.