Father of brain-dead pregnant woman tells Irish court: I want her put to rest

http://www.theguardian.com/world/2014/dec/23/father-brain-dead-pregnant-woman-irish-court

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The father of a clinically dead woman kept alive because she is 18 weeks pregnant told a Dublin court on Tuesday that the foetus she is carrying has minimal chances of surviving.

The woman’s family are in Dublin’s high court seeking the right to switch her life-support machine off.

The medical team caring for the woman have refused to turn off life support, fearing they might be prosecuted under Ireland’s strict abortion laws, which give the foetus the same constitutional rights as its mother.

Under article 8 of the Irish constitution the foetus is regarded as a citizen of the country. The case has prompted demands from some physicians as well as pro-choice campaigners for a new national referendum to abolish article 8.

The father of the woman at the centre of the controversy told the high court that “my daughter is dead, the chances of the foetus surviving are minimal we have been told. I want her to have dignity and be put to rest.”

When he was told that she was being kept on life support to save the unborn child, the father said he found the doctors’ decision “extremely distressful”.

His daughter has been clinically brain-dead since suffering a trauma injury last month.

The woman’s partner was also in court, and said that he was fully behind the family’s decision to ask for the life-support to be switched off. He told the court that he was the father of all her children including the unborn child.

A lawyer for the Irish state, which is legally representing the foetus, questioned the woman’s partner about her religion and belief in Catholic doctrine. But the father of the unborn child said he could not comment on her views on abortion given the predicament the family were in.

Earlier, a specialist in intensive care, Dr Brian Marsh, said the view of medical science was that the woman was now a “corpse”.

“I don’t believe this unborn can survive,” Marsh told the high court.

Another medical expert, consultant obstetrician Dr Peter Boylan, said the medical team treating the woman at present were in “uncharted territory”.

Boylan said they had been right to seek legal advice but that the removal of article 8 would be helpful.

He revealed that the woman is being maintained in a regional hospital that does not have the neonatal facilities available in the main Dublin maternity hospitals.

Boylan said that in any other state the woman would be allowed to die with dignity.

He said the most ethical action would be to stop life support in line with the wishes of the next-of-kin.

A decision on the case, which is being heard by three prominent Irish judges, is expected on Boxing Day.