Oldenburg Baby
Encyclopedia
The Oldenburg Baby was the name given by German
media to Tim, a child born with Down Syndrome
at the Städtische Frauenklinik hospital in Oldenburg
, Lower Saxony
, Germany on 6 July 1997. Tim was born prematurely (in the twenty-fifth week of pregnancy) as the result of a failed late-term abortion
procedure, which he survived despite not receiving medical attention for several hours after his unexpected live birth. He became a focus of the debate surrounding abortion
, especially late-term abortion, and its legal and ethical consequences.
family, the Guidos of nearby Cloppenburg
. Due to the early termination of gestation, and the lack of medical attention thereafter, Tim is severely handicapped when compared with other Down Syndrome children of his age. His brain, eyes, and lungs were badly damaged; he exhibited autistic
tendencies; and he underwent many operations in the first years of his life. After two weeks of dolphin therapy in 2003, he showed great improvement in fine motor skills, digestion
, and speech
. In 2004, Tim started attending a special school.
and compensation, claiming that they had not been informed that their child could survive an abortion at that stage. The clinic denied these claims. Bundestag
member Hubert Hüppe (CDU
) also tried to press charges on the separate grounds that it was not clear whether a medical justification was present in this case, and because the doctor's duty of care
had not been fulfilled for several hours, which he claimed defied Article 3 of the German constitution
("No person shall be disfavoured because of disability"). The doctor who had performed the abortion and had left the child without medical attention was initially supposed to be charged with battery
, but no charges were ever pressed against him and the public prosecutor's investigations were brought to an end. In 2004, he was fined ninety days' pay, not for performing a late abortion, but for failing to care for the newborn
.
Tim's biological mother, who was mentally unwell, sought the abortion due to mental instability and feelings of suicide from being pregnant. She sought psychotherapeutic
care after the failed abortion, but committed suicide six years later.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
media to Tim, a child born with Down Syndrome
Down syndrome
Down syndrome, or Down's syndrome, trisomy 21, is a chromosomal condition caused by the presence of all or part of an extra 21st chromosome. It is named after John Langdon Down, the British physician who described the syndrome in 1866. The condition was clinically described earlier in the 19th...
at the Städtische Frauenklinik hospital in Oldenburg
Oldenburg
Oldenburg is an independent city in Lower Saxony, Germany. It is situated in the western part of the state between the cities of Bremen and Groningen, Netherlands, at the Hunte river. It has a population of 160,279 which makes it the fourth biggest city in Lower Saxony after Hanover, Braunschweig...
, Lower Saxony
Lower Saxony
Lower Saxony is a German state situated in north-western Germany and is second in area and fourth in population among the sixteen states of Germany...
, Germany on 6 July 1997. Tim was born prematurely (in the twenty-fifth week of pregnancy) as the result of a failed late-term abortion
Late-term abortion
Late termination of pregnancy or late-term abortions are abortions which are performed during a later stage of pregnancy. Late-term abortions are more controversial than abortion in general because the fetus is more developed and sometimes viable.-Definition:A late-term abortion often refers to an...
procedure, which he survived despite not receiving medical attention for several hours after his unexpected live birth. He became a focus of the debate surrounding abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, especially late-term abortion, and its legal and ethical consequences.
Background
At some point after his birth, his temperature had dropped to 28°C, but as he was still breathing, doctors decided to treat him.Medical consequences
The child's biological parents chose not to raise the child, so he remained in a children's clinic in Oldenburg until March 1998, when he was taken in by a fosterFoster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....
family, the Guidos of nearby Cloppenburg
Cloppenburg (district)
Cloppenburg is a district in Lower Saxony, Germany. It is bounded by the districts of Ammerland, Oldenburg, Vechta, Osnabrück, Emsland and Leer....
. Due to the early termination of gestation, and the lack of medical attention thereafter, Tim is severely handicapped when compared with other Down Syndrome children of his age. His brain, eyes, and lungs were badly damaged; he exhibited autistic
Autism
Autism is a disorder of neural development characterized by impaired social interaction and communication, and by restricted and repetitive behavior. These signs all begin before a child is three years old. Autism affects information processing in the brain by altering how nerve cells and their...
tendencies; and he underwent many operations in the first years of his life. After two weeks of dolphin therapy in 2003, he showed great improvement in fine motor skills, digestion
Digestion
Digestion is the mechanical and chemical breakdown of food into smaller components that are more easily absorbed into a blood stream, for instance. Digestion is a form of catabolism: a breakdown of large food molecules to smaller ones....
, and speech
Manner of articulation
In linguistics, manner of articulation describes how the tongue, lips, jaw, and other speech organs are involved in making a sound. Often the concept is only used for the production of consonants, even though the movement of the articulars will also greatly alter the resonant properties of the...
. In 2004, Tim started attending a special school.
Legal and ethical consequences
The child's biological parents sued the clinic and the gynaecologist for damagesDamages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
and compensation, claiming that they had not been informed that their child could survive an abortion at that stage. The clinic denied these claims. Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
member Hubert Hüppe (CDU
Christian Democratic Union (Germany)
The Christian Democratic Union of Germany is a Christian democratic and conservative political party in Germany. It is regarded as on the centre-right of the German political spectrum...
) also tried to press charges on the separate grounds that it was not clear whether a medical justification was present in this case, and because the doctor's duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
had not been fulfilled for several hours, which he claimed defied Article 3 of the German constitution
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
("No person shall be disfavoured because of disability"). The doctor who had performed the abortion and had left the child without medical attention was initially supposed to be charged with battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
, but no charges were ever pressed against him and the public prosecutor's investigations were brought to an end. In 2004, he was fined ninety days' pay, not for performing a late abortion, but for failing to care for the newborn
Good Samaritan law
Good Samaritan laws are laws or acts protecting those who choose to serve and tend to others who are injured or ill. They are intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death...
.
Tim's biological mother, who was mentally unwell, sought the abortion due to mental instability and feelings of suicide from being pregnant. She sought psychotherapeutic
Psychotherapy
Psychotherapy is a general term referring to any form of therapeutic interaction or treatment contracted between a trained professional and a client or patient; family, couple or group...
care after the failed abortion, but committed suicide six years later.
External links
- Tim's personal homepage (in German)
- Article from the Stuttgarter Zeitung (07.01.1998) about the investigation (in German)
See also
- Gianna JessenGianna JessenGianna Jessen is a recording artist and pro-life activist who is a saline abortion survivor.-Early life:...