The Oldenburg Baby is the name given by the German media to Tim,[1] an infant born in Oldenburg, Lower Saxony, Germany on 6 July 1997.[2]
Contents |
Upon learning that their unborn fetus was diagnosed with Downs Syndrome, Tim's parents sought a late-term abortion at the Städtische Frauenklinik hospital. Tim was born prematurely (in the twenty-fifth week of pregnancy) as the result of the failed 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. At some point after his birth, his temperature had dropped to 28°C, but as he was still breathing, doctors decided to treat him.
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 foster family that later received the Federal Cross of Merit for doing so.[3][4] His brain, eyes, and lungs were badly damaged; he exhibited autistic tendencies; and he underwent many operations in the first years of his life.[5] After two weeks of dolphin therapy in 2003, he showed great improvement in fine motor skills, digestion, and speech and in 2004, started attending a special school.[6] In 2008 it was reported that Tim was capable of walking and running on his own. [7]
The child's biological parents sued the clinic and the gynaecologist for damages and compensation, claiming that they had not been informed that their child could survive an abortion at that stage. 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 clinic denied these claims, claiming that the mother delayed the diagnosis.[8] Initially charges of battery were supposed to be pressed against the physician who had performed the abortion and left Tim without any form of medical attention. No charges were ever brought against the doctor and the investigations were ended. 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 reportedly sought the abortion due to feeling overwhelmed from the as of then unborn fetus' diagnosis of Downs syndrome.[9] She looked into psychotherapeutic care after the failed abortion, but committed suicide six years later. It is unknown whether this was directly related to the pregnancy or due to other issues in the mother's life.
Legal professionals in Germany have sought to pass a ban on late-term abortion, citing this case as an example. [10] The CDU/CSU and SPD have agreed to help investigate ways to reduce the number of abortions.[11]
In 2005 a documentary about Tim was aired on WDR entitled Menschen hautnah - Er sollte sterben - doch Tim lebt. Eine Abtreibung und ihre Folgen. [12]