Judges seek advice before ruling on Siamese twins' fate

Judges considering an appeal against a High Court decision that Siamese twins can be separated against the wishes of their parents…

Judges considering an appeal against a High Court decision that Siamese twins can be separated against the wishes of their parents, yesterday called for a second medical opinion to help them decide the fate of the two girls.

In a case being heard at the High Court in London, three judges are being asked to consider whether the twins should be separated against the wishes of their Catholic parents who believe that nature should be allowed to take its course. If the operation goes ahead one of the girls will die and without the operation doctors believe both girls could die within six months.

The parents launched their appeal against a High Court judge's decision on August 25th that surgeons could separate the girls, who were given the false names Jodie and Mary in order to protect their identity. The twins were born on August 8th at St Mary's Hospital in Manchester after their parents, who are from eastern Europe, travelled to Britain because of the predicted complications with the birth.

The twins were born joined by their lower abdomens and the difficulty facing the parents and the judges is that doctors believe that if the twins are separated, Jodie will have a chance of a normal life. But Mary, who relies on her twin for her heart and lung function and blood supply, will die and doctors believe both girls will die within six months if they are not separated.

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In the High Court, Lord Justice Ward, sitting with Lord Justice Brooke and Lord Justice Walker, suggested a second medical opinion might be valuable in determining Mary's prospects: "I cannot but wonder a second opinion might be of value if only to confirm the views expressed . . . and to allay any public concern."

As lawyers made inquiries about arranging a second medical opinion, Mr Simon Taylor, appearing for the parents said they had come to the "heartbreaking" decision that they could not kill one of their daughters in order to allow the other to live. He said that after speaking to lawyers, friends and a priest they had reaffirmed their belief that the twins should not be separated "for medical, social and religious reasons".

In further evidence to the court, a member of the medical team treating the twins said both girls were in a "stable" condition. The medical expert was not named in court because Mr Adrian Whitfield QC, appearing for the Central Manchester Healthcare NHS Trust, said the case was one where "feelings run high" and the hospital had already received letters "which may or may not be of a desirable nature".

Asked what would happen if Mary's feeding were withdrawn, he said: "This child has no lungs and the heart is so large and abnormal and presently doesn't pump anything, so it is virtually not there. This child is not a viable entity and would not have been resuscitable at birth."

Earlier, the leader of the Catholic Church in England and Wales, the Archbishop of Westminster, Dr Cormac MurphyO'Connor, said the decision facing the twins' parents was extremely difficult. Speaking on BBC Radio 4's Today programme, he said: "They love them both and they are being asked to approve an action in which one of the children, as they see it, will be killed and that is a very, very serious matter."