KP (Termination of Pregnancy) [2025] EWCOP 35 (T3)

Capacity and best interests decision concerning KP, a pregnant 19 year old diagnosed with cerebral palsy and Dissociative Identity Disorder

KP became pregnant in July 2025 but thought she had miscarried in August, and that belief fuelled her latest persona as a 13 year old. She was also self-harming (and has a history of doing so) as she was not offered a termination. Following a telephone consultation with the British Pregnancy Advisory Service, the agency voiced concerns over KP's capacity and an assessment concluded "at the very least, that her capacity fluctuates according to her persona at the relevant time."

Poole J sets out the relevant law, noting KP's Article 3 and Article 8 rights are engaged. He concludes KP lacks capacity to make these decisions, partly because "she cannot foresee a change in persona and therefore cannot understand how, in a different persona or without any adopted persona, she will view or experience the outcome of a decision made earlier." He then grants the application, allowing the termination and insertion of a contraceptive implant, though he stresses this is not a straightforward decision, noting at [47]:  ​
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"It is possible that she will respond very negatively to having had a termination but that cannot be reliably predicted. What is predictable is that her ongoing dysregulation and self-harm is likely to continue and worsen as the pregnancy continues."

Read the judgment on Bailii