12-year-old girl forced to get permission from Supreme Court to have an abortion.

A pregnant 12-year-old, desperate for an abortion – with her mother and father by her side – has had to take her plea to the supreme court in Queensland in order to fulfil her wish not to become a mother before she even is a teenager.

The 12-year-old has finally won the right to take the abortion drugs Mifepristone and Misoprostol after a months wait and after she was forced to get permission from Queensland’s Supreme Court under QLD criminal law.

The girl had fallen pregnant after having sex with a 12-year-old boy.

The girl was given permission to end the pregnancy via the abortion pill. Image Supplied.

Nine weeks ago the young tween fell pregnant to the boy and she became aware of her pregnancy. The court heard that the young girl, who had a troubled home life, had not informed the boy of the pregnancy and it is understood he is still unaware that she became pregnant.

The Australian reports that the girl spent a month seeking the abortion. Court documents detail how the girl, referred to as “Q” had to see a GP, a social worker, two specialist obstetricians and a psychiatrist, before it was deemed a court order would be required.

The girl, who lives with her mother, brother and sister following her parents separation had a difficult home life, her father drinking heavily and she had attempted suicide in the past.

Under Queensland’s criminal laws it is illegal to administer a drug, use force or “any other means” while intending to procure an abortion. Queensland law remains unchanged from the 1899 Criminal Code which contains the same wording as the 1861 English Act – saying that any person who carries out, or assists with, an abortion may be liable to criminal prosecution, including the woman herself.

A 1986 case R v Bayliss saw a change in the way women could seek abortions after Justice McGuire found that “in exceptional cases” an abortion would not be unlawful where it was carried out in good faith to avoid “serious danger to the mother’s life or her physical or mental health (not merely the normal dangers of pregnancy and childbirth) which the continuation of the pregnancy would entail”.

The girl’s abortion came to court after it was determined she was mature enough to consent to an abortion and Central Queensland public health workers took the matter to court saying continuing the pregnancy could cause the young girl physical and emotional harm.

In the judgment, that was only published yesterday, the Supreme Court ordered that she be allowed to take the drugs Mifepristone and Misoprostol to terminate the pregnancy by April 23.

The judgment said that if the administration of the abortion pills fails within five days then the termination of “Q’s” pregnancy by surgical operations is necessary to avoid danger to the 12-year-old's mental and physical health and is "lawful."

“Q” had to see a GP, a social worker, two specialist obstetricians and a psychiatrist. Image via IStock.

In an affidavit to the court, the girl said the pregnancy had been “very stressful”.

“She reports that ‘earlier this year and during periods of emotional distress’, she ran away from home, cut herself and attempted suicide on two occasions,” Judge Duncan McMeekin said.

The girl had “significant difficulties in adjusting” to her parents’ separation, Justice McMeekin said.

A psychiatrist told the court “I am concerned that, with her recent history of self-harm and thoughts of suicide, having to proceed with the pregnancy is likely to precipitate further similar decompensations in (the girl) and an increased risk of resuming patterns of self-harm.”

Justice McKeekin said in his opinion “Q” would be “at a very real risk of self harm and or suicidal behaviour if her pregnancy was to continue.”

The judge said that he was satisfied that “Q” had no wish to be a mother.

“Unsurprisingly she feels that she is not fitted for that task. “

The case was before QLD's Supreme Court. Via Twitter.

The 12-year-old girl’s mother told the court that “Q” needs reminding about basic matters involving her own grooming and dress, and both parents gave evidence saying that the girl would not be capable of providing proper parenting for a baby.

Justice McMeekin said he sought evidence from the girl so that he was confident it was her own informed view the abortion go ahead.

“Q’s consent to the procedures does not of course make them lawful … but (sections) 224 and 225 (of Queensland’s Criminal Code) still make those actions ­unlawful unless authorised or justified by law.”

He said the risk of harm to the girl meant that the court could legally order the abortion.

But since the ruling anti-abortion campaigners have criticised the decision.

Australian Christian Lobby’s Wendy Francis told The Australian that “with adequate support” the child could deliver the baby and place it up for adoption. “There is also the question as to what responsibility there is to inform the father of the pregnancy,” she said.

“There is caution on the part of doctors in the case of a 12-year-old,” James Cook University professor of obstetrics Caroline de Costa told The Australian.

“Doctors intending to perform the procedure must now speak with the young woman and determine whether she is legally ... competent, whether she can make a decision herself about whether she should terminate the pregnancy or not.”

Justice McMeekin wrote that until a child was considered "mature", their parents could give permission for most procedures but for abortion parental consent was "arguably not sufficient" reports The Brisbane Times.

In 2008, a Queensland judge gave a pregnant 12-year-old girl, who had the intellect of a six-year-old, permission to undergo a late-term abortion. Image via IStock.

It is not the first time a 12-year-old girl has appeared before the court seeking an abortion.

In 2008, a Queensland judge gave a pregnant 12-year-old girl, who had the intellect of a six-year-old, permission to undergo a late-term abortion.

Justice McMeekin relied heavily on the analysis of the justice in that case in his reasoning.

In that ruling Justice Margaret Wilson ordered that doctors be allowed to terminate the girl's pregnancy because it was in her best interests. She was 18-weeks pregnant.

Justice Wilson wrote she was influenced by the opinion of two psychiatrists who told the court the pregnancy would pose serious dangers to her mental health and wellbeing, well beyond the normal dangers of pregnancy and childbirth.

For help: Lifeline 13 11 14. Kid's Helpline: 1800 55 1800.