||The examples and perspective in this article deal primarily with Germany and do not represent a worldwide view of the subject. (April 2012)|
Upon learning that their unborn fetus was diagnosed with Down 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. Doctors had expected the child would soon die and thus withheld treatment, but when the child continued to breathe after 9 hours, doctors decided to treat him. He became a focus of the debate surrounding abortion, especially late-term abortion, and its legal and ethical 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 foster family. In 2006, his foster parents were awarded the Federal Cross of Merit for taking care of the boy as well as another child born with Down syndrome. His foster mother claims he exhibits autistic tendencies. In 2003 the child participated in a session of dolphin therapy which increased the child's alertness and presence. In 2008 it was reported that Tim was capable of walking and running on his own.
Legal and ethical consequences
Medical texts have used this case as an example to illustrate the need for proper precautions when performing abortions and prenatal screening. 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. 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.
Legal professionals in Germany have sought to pass a ban on late-term abortion, citing this case as an example. The CDU/CSU and Social Democratic Party of Germany have agreed to help investigate ways to reduce the number of abortions.
- Focus München, Issues 14-18, p 78 German
- Times 10. "Überlebenstag" Neue Oz
- Eine Abtreibung sollte ihn töten – nun feiert Tim seinen siebten Geburtstag und kommt bald in die Schule Focus Online German
- Fröhlicher Tim lebt neues Leben(Tim Lives a Happier New Life) NWZOnline.de German
- Medizin & Recht für Ärzte: Grundlagen, Fallbeispiele, medizinrechtliche Fragen Google Books German
- Spätabtreibungen sind nach wie vor umstritten - Sonntag Demonstration von Lebensschützern in Köln (Late abortions are still controversial - Sunday demonstration of life guards in Cologne) DomRadio.de German
- Menschen hautnah - Er sollte sterben - doch Tim lebt. Eine Abtreibung und ihre Folgen Themen-tv.de[dead link]