9 Dec 2022

Bioethicist on latest twist in baby blood case

From Morning Report, 8:11 am on 9 December 2022

The parents of the baby who needs an urgent, life-saving heart operation have been told by the High Court "not to obstruct health staff" from preparing the child for surgery.

The Court has now given doctors the authority to make all decisions relating to the operation which was due to begin at eight-o'clock this morning. 

Earlier this week, the baby was temporarily placed into the Court's custody - and doctors were given the ability to consent to the use of blood products. 

The parents - who had agreed the surgery was needed - retained all the other rights of guardians. 

But yesterday evening Te Whatu Ora told the Court the parents had prevented pre-operative work including blood tests, a chest x-ray, and an anaesthetic assessment. 

It said the parents told health staff, "you touch our child and we will press criminal charges against you".

Justice Gault said evidently the parents no longer agree to Baby W's urgently needed surgery. 

He authorised two doctors to make all decisions needed for the purpose of enabling the operation to go ahead -... saying it is in Baby W's best interests" 

Health New Zealand lawers also asked for clarity about whether the police could step in; asking if officers are entitled to use reasonable force to remove the baby from the parents - or to remove the parents. 

Lawyer for the parents Sue Grey submitted the baby was breastfeeding and an uplift would breach the child's rights.

Justice Gault did not rule on that matter.

We have calls into Te Whatu Ora for comment

Lawyer and bioethicist Josephine Johnston spoke to Corin Dann.