Justice of PR authorizes abortion of baby with rare disease

The 1st Criminal Chamber of the Court of Justice of Paraná (TJ-PR) authorized doctors to perform an abortion of a baby with Edwards syndrome, a rare genetic disorder characterized by the presence of an extra chromosome 18, associated with malformations in various organs.

The baby is currently around five months pregnant. The mother received the news that he had Edwards syndrome at the end of May, and decided to go to court to have the abortion.

The decision was taken by analogy with the understanding of the Federal Supreme Court (STF) that authorized the abortion of anencephalic fetuses – that is, even without the STF decision expressly saying that Edwards syndrome would authorize abortion, the Paraná court understood that it could make an analogy, because the child was unlikely to live outside the womb and because anencephaly is a common effect of the disease.

The action was filed by the Center for the Promotion and Defense of Women’s Rights (Nudem) of the Public Defender’s Office of Paraná. “The decision of the STF can be applied by analogy, since it was verified by three medical examinations the impossibility of extrauterine life of the fetus”, said the organ.

The Defender’s first request had been rejected at first instance, which showed that there were cases, albeit rare, of children with Edwards syndrome who survived. The Defender’s Office took the case to the TJ-PR claiming that, in this specific case, “three medical specialists affirm the unfeasibility of extrauterine life”.

Repudiation of the court decision

In Congress, the Parliamentary Front for Rare Diseases, the Parliamentary Front in Defense of Life and the Family and the Joint Parliamentary Front against Abortion and in Defense of Life signed a note of repudiation against the Justice’s decision.

“What is the limit of the interpretation of ADPF 54? If life does not last 24 hours, can it kill the baby? If life does not last a month, can it kill the baby? The ultimate interpretation is the total release of abortion in any situation, such as asks for ADPF 442 within the first 12 weeks”, says the note.

“Abortion of a child with Edwards Syndrome is clearly related to euthanasia. If the decision to kill stems from a low life expectancy, an elderly person can adhere to the same process. Not considering the right to life of a person with disability and rare disease, in addition to being eugenics, is a disregard for the right of the child”, continues the document.

Lawmakers also cite a 2018 report by the g1 with the title “Mother of girl with rare syndrome overcomes fear of loss and celebrates life: ‘gift'”, reporting the case of a girl with Edwards syndrome who was celebrating her seventh birthday. When the girl was only ten days old, the doctor had told her mother: “Probably, your daughter won’t make it through the night.”

See the parliamentary note in full: