UK
05/12/2013 07:53 GMT | Updated 23/01/2014 23:58 GMT

Italian Woman Alessandra Pacchieri Calls On UK Social Service To Return 'Forced Caesarean' Baby

An Italian woman, now named as Alessandra Pacchieri, who had her baby removed after she suffered a mental breakdown on a trip to the UK, has said she will continue to fight for her child through the English courts.

Her comments come shortly after the judgment concerning the so-called 'forced caesarean' given by Mr Justice Mostyn in the Court of Protection was released to the public for the first time.

In a note accompanying the judgment, Mostyn makes it clear that it was not Essex County Council or social workers who demanded the woman have a caesarean, as the original Sunday Telegraph piece implied.

pregnancy

The woman has accused social services of 'stealing' her baby

Rather it was "an urgent application... by the NHS Trust, supported by the clear evidence of a consultant obstetrician and the patient’s own treating consultant psychiatrist, seeking a declaration and order that it would be in the medical best interests of this seriously mentally ill and incapacitated patient, who had undergone two previous elective caesarean sections, to have this birth."

The woman also reportedly "risked uterine rupture with a natural vaginal birth".

Pacchieri, 35, who suffers from bipolar disorder, is now pleading for a "second chance" to prove she could care for the baby girl with the support of her family in Italy. Her lawyer claims she has visited her child once a month from Italy, until May when she was told she could no longer see her child.

In a judgment released earlier this week from His Honour Judge Newton, dated February 2013, he says the woman "has had a number of very intrusive paranoid delusions" and "was profoundly unwell" when she did not take her medication.

Now having taken her medication for a number of months, since having returned to Italy, the judge describes the mother as "actually extremely well" and "clear and articulate" in English, which is her second language.

The lawyer for Pacchieri - her maiden name - said the decision to force the baby, known only as P, to be delivered by Caesarean section was "absolutely unreasonable".

Stefano Oliva said she wanted a "second chance" to prove she could care for the baby girl with the support of her family.

Oliva said the mother was permitted to see her baby once a week until the end of October last year, when she moved back to Italy to get support from her family.

After returning to her home country she came back to Britain once a month to visit the child. This arrangement stood until May this year when social workers told her it would be the last time she would see her daughter, he said.

In an interview with the Daily Mail, Pacchieri, a care worker for the elderly from Tuscany, said: "Your family courts and your social workers invaded my body and stole my baby. I believe that the British authorities planned to adopt my daughter from the very beginning.

"Something very unfair has been done to me. I am fighting to get my daughter back and I never want another innocent mother in your country to suffer as I have."

Pacchieri told the Mail she was worried about warnings on the label that it could cause death to pregnant women or an unborn baby.

Pacchieri said: "I begged them not to do the Caesarean. The due date was four days later and there was no reason for me to have such an invasive operation with anaesthetic. I wanted a natural birth."

She described how she was separated from her baby just a few hours after birth, and after three days was informed that she had been taken into foster care.

"They had stolen my baby from me," she said.

Yesterday the judge revealed that the Italian government, or state, has now instructed solicitors and might want to intervene in the case.

The president of the Family Division, Sir James Munby, has ordered that any further applications relating to the baby must be transferred to the High Court.

This is likely to include applications by Pacchieri to block her child's adoption in the UK.