A judge has ruled there is enough evidence to suggest a woman took her child from hospital while it was under state care.
The 25-year-old woman, who has name suppression, has appeared in the Auckland District Court for a hearing to help decide if she is fit for trial.
She is charged with taking her 11-day-old baby from Starship Hospital on March 21. The boy had medical problems and was under Child, Youth and Family care. He was not found until the next day, when relatives rang police after hearing news reports.
The law in this case means a judge must be satisfied there is enough evidence showing a defendant caused the act that forms an offence.
The woman's lawyer conceded a woman shown taking a baby in a hospital security video was her client.
The judge said he was satisfied she took the baby, and the balance of probability showed it was under state care.
The woman has been remanded until 19 December for further reports to be done into her fitness for trial.