A mum has been jailed after lying about how far along she was in her pregnancy to get ahold of abortion medication. Carla Foster had been having relationships with two men other than her estranged partner when she discovered she was pregnant in late 2019, a court was told.
The 44-year-old carried out numerous internet searches about termination in early 2020 as she did not want her ex to find out about the baby. These included the terms such as “how to do your own miscarriage at home?” and “where can I buy abortion pills UK?”
The mum then contacted the British Pregnancy Advice Services (BPAS) and lied about "how far gone" she was, Stoke-on-Trent Crown Court heard. She was told she would be provided with medication if she answered questions accurately.
She said she had not previously suffered a miscarriage and BPAS posted her tablets - one mifepristone and four misoprostol. She took one mifepristone tablet on May 9 and the four misoprostol tablets at 1pm on May 11, 2020. But three hours later she called 999.
The baby, named Lily, was born at 7pm that evening. She was not breathing and was taken to the Royal Stoke University Hospital where she was pronounced dead at 7.45pm, Stoke-on-TrentLive reports.
Prosecutor Robert Price told the court: "The prosecution case is she unlawfully procured the abortion of the child she was carrying by taking abortifacient drugs she had obtained by providing false details to a pregnancy service.
"She did so at a time when she knew her pregnancy had exceeded the 24th week. The legal limit is 24 weeks. Lily was between 32 and 34 weeks at the time of the abortion.
"It is the Crown's case that the taking of the drugs was a deliberate act. Her intention was to procure an abortion." Foster continued to make internet searches from her hospital bed including, "Can I get in trouble with the police for taking abortion pills?", and "Could I go to jail for aborting my child at 30 weeks?"
Foster, of Barlaston, Staffs, admitted a charge of administering poison with intent to procure a miscarriage between May 8, 2020 and May 12, 2020. Barry White, mitigating, said Foster has left letters for her three sons in case she does not return home today as she 'has not had the courage to tell them exactly what she has done'.
Mr White said: "I accept she lied to get the medication. We will never really know the emotional problems she was experiencing at the time. She says she cannot forgive herself and it will haunt her forever. She has found the last three years extremely difficult."
Mr White said sending Foster to prison would have a significant impact on others. He added: "The appropriate punishment does not have to be prison. She will always be punished by what she did. I would urge the court not to send her to prison today but to suspend the sentence."
Jailing Foster was 28 months, High Court Judge Mr Justice Pepperall said: "The case relates to your tragic and unlawful decision to obtain a late abortion. You were 32 to 34 weeks pregnant and well beyond the point you could lawfully have an abortion.
"You knew it was well beyond the legal limit of 24 weeks. You deliberately lied to bring yourself within the telemedical service for early medical abortions.
"I accept you have a deep emotional attachment to your unborn child and you are plagued by flashbacks, seeing your dead child's face." The judge said the court had received a letter from numerous health and medical bodies urging a non-custodial sentence to be passed.
The letter stated sending Foster to jail could deter other women from accessing their services and other late gestation women from seeking medical care, or from being honest and open with medical professionals.
Mr Justice Pepperall added: "It would not have been appropriate to have allowed any of the authorities to address the court. I consider it would have been better if the letter had not been written at all.
"My duty as a judge is to apply the law as provided by parliament. I do not accept imprisonment is going to deter women and girls from lawfully seeking care in the 24 week limit."
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