Court orders Spanish Doctor to pay Child Care after Botched Abortion allows Baby to be Born

Posted by PITHOCRATES - May 26th, 2012

Week in Review

An interesting court case in Spain places the responsibility of a child not on the parents who conceived the child.  But on the doctor who failed to abort the child.  Odd.  For in the birth of that child the doctor is only an accessory after the fact of coitus (see Spanish doctor ordered to pay for upkeep of child after failed abortion by Giles Tremlett posted 5/25/2012 on The Guardian).

A Spanish doctor has been ordered to pay for the upkeep of a child after a failed abortion operation meant the boy’s mother was obliged to see her pregnancy through to the end…

The boy was born in October 2010, six months after his mother had gone for an abortion at the city’s Emece clinic. The operation had been performed when the mother was almost seven weeks pregnant. The doctor told her two weeks later that a scan proved she was no longer pregnant…

She did not return to the clinic for three months, and only after becoming convinced she must have become pregnant by mistake once more.

A fresh scan revealed, however, that this was the same pregnancy. She was already into her sixth month and past the 22-week limit for abortions in Spain. “I sought advice and was told that it would be a crime to abort at that stage,” she said.

The woman, who had hidden her pregnancy from her family out of fear at their reaction, was forced to confront her parents with the news. She and the child now live with them. Despite the fact that a suction technique had been used to try to remove the embryo, the boy was born healthy.

The mother sued the doctor for damages, with the court awarding her €150,000 (£120,000). It also decided the doctor and his insurer should pay maintenance of €978 a month for 25 years, or a further €293,000.

“I am living off my parents now, and it shouldn’t be like that,” the mother said…

“I am OK now, because I have had to accept things. There is no other option. I’m happy with my son,” she said. “When I have to explain all this to him, I’ll try to make sure that he feels OK about it. It was back then that he was not wanted, not now.”

I have one question.  Where’s the father?  Why isn’t he paying child support for his child?  I can understand the penalty for the botched abortion but child support?  The doctor didn’t make that baby.  He only failed to abort it.

Okay to abort within 22 weeks.  But a crime to abort after 22 weeks.  Okay at 5 months.  But not at 6 months.  Makes you scratch your head and think about the argument over when life begins.  At conception?  Or after 22 weeks.  Sounds rather arbitrary, 22 weeks.  Especially when you can hear a heartbeat at 8 weeks.

You hear some people joke about not being a planned baby.  About being an accident.  I imagine if one thinks about that too much it could make one question one’s purpose in life.  And question how much of an unwanted burden one was on one’s parents.  But surviving an abortion?  I don’t think that’s something a person should ever learn.  What possible good could come from that?  If mother and child bond and grow up loving each other why take a chance on ruining that?  It’s bad enough the mother has to live with this memory.  The child doesn’t.  In time perhaps the mother will feel it unnecessary to explain this unpleasant fact about his prenatal life.

But once again, where’s the father?

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