ABSTRACT
Facts The twins, Jodie and Mary, were conjoined twins. Mary had non-functioning lungs and an abnormal heart capable of only 10% of its normal function. Mary was dependent on Jodie to supply her with oxygenated blood. The doctor’s wanted to operate to separate the twins. It was accepted that without such an operation both twins would die, probably within three to six months. Following separation it was probable that Jodie would survive with a reasonably normal life expectancy and quality. It was unlikely that there would be any mental handicaps and the physical abnormalities were mostly correctable by surgical intervention. Mary, however, would inevitably die as a result of the operation and thus her life would be foreshortened by it. The parents refused consent to the operation for a number of reasons, both religious and practical, but their overriding reason was that they did not want one child to survive at the expense of the other, they could not choose between their children this way, and that their lives should be left in God’s hands. The hospital applied to the court for a declaration that the operation would be lawful. At first instance, the judge granted the declaration since it would be in the best interests of both children: Jodie would survive and Mary would be spared the prolongation of a life, which – because she was attached in such a manner to her twin – would be hurtful and distressing to her. The parents appealed.
