Conjoined Twins Parents Give Up Legal Battle

L O N D O N, Sept. 28, 2000 -- Saying they feel they have done their best, the parents of conjoined twins Jodie and Mary have given up the legal battle to stop doctors from performing a surgical separation.

The decision means death for Mary, who relies totally on her sister Jodie for oxygen and blood supply.

In a statement released through their attorney John Kitchingman, the parents said they had taken the case before four judges (one in the High Court, three in the Court of Appeal) whose decision was unanimous.

The statement read, “They feel they have done the best they can for both daughters and are unable to take this any further.”

The statement went on to say, “Clearly there are difficult times ahead for the family and everyone is asked to respect their wish for privacy at what is a particularly tragic and sensitive time.”

The twins were given false names for court proceedings.

Separation at Three Months?

It is not clear yet when the surgery will occur and the parents will have to say their goodbyes to Mary.

Legally the doctors are free to go ahead at any time with the operation. Medical experts have suggested the optimal time is when the twins reached the two- to three-month period, when Jodie’s organs would be well enough developed to sustain the shock and trauma of the operation.

Official Solicitor Laurence Oates, who represented Mary before the Court of Appeal, said he had decided against an appeal to the House of Lords after being notified that the parents did not want to do so.

“As the judgments repeatedly emphasize, [the Court of Appeal’s] decision is specific to the unique and tragic facts of this case,” Oates said.

“I am satisfied that the decision will not set a precedent which would undermine the principles of law deriving from and supporting the respect for the sanctity of life and the belief that all life has equal value, which I have been most concerned to uphold,” Oates said in a statement.

The Official Solicitor represents minors in court cases.

Unanimous Decisions

The girls were born joined at the abdomen seven weeks ago. Mary’s heart and lungs never functioned and doctors said if nothing was done Jodie’s circulation system would become overburdened within months supporting Mary and ultimately lead to the death of both babies.

The parents, devout Roman Catholics from the small Mediterranean island of Gozo near Malta, had opposed medical intervention.

“This is not God’s will,” they wrote in an appeal to the British courts. “Everybody has the right of life, so why should we kill one of our daughters to enable the other to survive?”

Both the British High Court and Court of Appeal disagreed. Three senior judges unanimously ruled last week that “unviable” Mary was “designated for death” and healthier Jodie had the legal right, with the aid of doctors, to be separated and given a chance of a full life.

The parents had been left with the option of appealing once more to The House of Lords.

The Associated Press contributed to this report.