ABSTRACT
AB is 24 years old. Born in Nigeria, she was adopted at birth by CD, though lived in Nigeria for many years while her adoptive mother worked in London as a midwife. During prolonged leave in Nigeria, AB fell pregnant, diagnosed by her mother at around 11 weeks’ gestation in the middle of April 2019. It was inevitably concluded that AB lacked capacity to decide whether to continue with the pregnancy; the Trust mooted the idea of termination. The Trust made an application to the High Court at 18 weeks’ gestation, seeking a declaration that in the circumstances termination was lawful, consistent with the Abortion Act 1967. The Trust concluded that termination was in AB's best interests. The Mental Capacity Act 2005 is founded, in part, on the basis that those who make decisions on behalf of a person who lacks capacity must respect and make the most of that person's autonomy and individuality.
