Tag Archives: Mental Capacity Act 2005

Forced caesarean and forced adoption: Facts and fictions – Re AA [2012] EWHC 4378 (COP); Re P (A Child) [2013] EW Misc 20 (CC) – Part I

Dr Sara Fovargue

Towards the end of 2013 it was reported in the media that a declaration had been issued by the Court of Protection on 23 August 2012 (transcript published on 4 December 2013) that it was lawful for a caesarean section to be performed on a 35 year old Italian citizen against her will, and a care order regarding the baby was subsequently obtained by the local authority.  Headline writers had a field day; ‘Child taken from womb by social services’, ‘Please don’t take my baby: Agony of mother whose baby was put up for adoption after secret court judge forced her to have a caesarean’, ‘Forced caesarean case: Italian woman “suffering like an animal”’.  The judgment and transcript of the caesarean case and the case report concerning the adoption tell a slightly different story (as I discuss below and in Part II), and the reporting of the story has subsequently been questioned by some, including Sir James Munby, President of the Family Division.

Transcript: Re AA [2012] EWHC 4378 (COP)

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