The Catholic parents of the British-born conjoined twins known as Jodie and Mary yesterday decided not to oppose further a court ruling permitting an operation to separate the babies. The operation could now take place early next month. Clearing the way for the operation, the parents declared they would not bring a challenge in the House of Lords against last week's Appeal Court ruling that separation could take place, even though it means Mary, the weaker twin, will die.
The parents, who are from the island of Gozo, Malta, and had wanted God to decide the twins' fate, began their legal action in August when the High Court ruled that the operation could go ahead against their wishes.
The twins were born joined at the abdomen at St Mary's Hospital, Manchester, on August 8th.
Mary was severely disabled and, despite thriving in recent weeks, relies on her sister for heart and lung function and for her supply of oxygenated blood.
The twins' doctors argued that although separation would mean death for Mary, both girls would die without the operation. They suggested the optimum time to separate would be when the twins were about two months old.
The parents' solicitor, Mr John Kitchingham, said that after taking the case before two courts and four judges, and all legal opinion having agreed that the operation should go ahead, they felt they had done their best for their daughters "and are unable to take this any further".
In a statement from Mr Kitchingham's firm of solicitors, their legal team appealed for the parents' privacy to be protected, saying: "Clearly there are difficult times ahead for the family and everyone is asked to respect their wish for privacy at what is a particularly tragic and sensitive time."
After "the most anxious deliberation", the Official Solicitor, Mr Laurence Oates, representing the interests of Mary, also said he would not appeal against last week's Appeal Court judgment.
In reaching his decision, he said he had taken account of the parents' decision not to pursue the appeal and of the "moral, ethical and legal" arguments submitted by the Archbishop of Westminster, Cormac Murphy-O'Connor, and the Pro-Life Group that the girls should not be separated.
The Official Solicitor said he was satisfied that the decision to separate was "specific to the unique and tragic facts of this case" and that the courts had not set a legal precedent which would undermine the sanctity of life.
In his ruling on the case in the Appeal Court, Lord Justice Ward said separation would give Jodie a "normal expectation of a relatively long life", but Mary was "designated for death" because of her poor physical condition.
The leader of the Catholic Church in England and Wales, Archbishop Murphy-O'Connor of Westminster, said his "thoughts and prayers" were with the parents and the two children.
"I can understand that the parents of Mary and Jodie feel unable to continue what has become an arduous and protracted legal process," he said.