Two cases of unborn babies allegedly wrongfully diagnosed with a fatal condition and then aborted are being investigated by the State Claims Agency, according to the Minister for Health.

This follows a separate case which came to light in 2019 of an unborn baby incorrectly diagnosed with the life-limiting condition trisomy 18, or Edwards Syndrome, and aborted for that reason at the National Maternity Hospital while subsequent tests revealed the child had no such abnormality.

In a reply to a Parliamentary Question from Aontú leader, Peadar Tóibín, the Health Minister, Stephen Donnelly said the State Claims Agency (SCA) has had 133 adverse incidents reported to them relating to abortion since its legalisation.

He added: “The SCA has two ongoing claims from persons alleging that their unborn baby was wrongfully diagnosed with a condition sufficient to bring them within the scope of the Health Regulation of Termination of Pregnancy Act 2018”.

The Act allows such abortions at any time during the nine months of pregnancy.

Commenting on the Minister’s admission, Meath West TD, Peadar Tóibín, said, “There must also be a proper examination into the number of adverse incidents reported to the State Claims Agency and we need transparency and detail on the nature of these incidents. It is extremely sad to hear that there are two more misdiagnosis cases in motion, and that the harrowing experience of the couple in Holles Street was not a ‘once off’”.