An unborn baby whose mother has HIV was at the centre of a “rare” and “exceptional” family court case. A High Court judge ruled that doctors could lawfully provide treatment, aimed at combating HIV, to the boy within four hours of birth – even if his mother objected.
Doctors said they feared the mother might not consent to her child receiving anti-retroviral medication. Mr Justice Hayden made the declaration after considering evidence at an online family court hearing in London on January 23 but embargoed reporting.
The judge has now outlined detail of the case in a ruling published online – and said the birth went well. He said a court order relating to an unborn child is “rare” and described the declaration he made as “exceptional”.
The woman was unaware of the litigation and not at the hearing. A senior barrister, appointed by the judge to give him advice, raised concerns relating to the woman’s situation.
The judge, based in the Family Division of the High Court in London, said mother and child cannot be identified in media reports of the case. He embargoed reporting after lawyers raised concerns the woman could be recognised through details of the case even if she was not named.
Mr Justice Hayden said he wanted to consider the issues around reporting before making details of the case public. The judge said the little boy is “doing well”.
He said the woman complied with “the anti-retroviral medication immediately prior” to a Caesarean. The woman and the baby’s father were “expressing clear consent” to the boy’s treatment regime, the judge added.
“I hope that when they read this judgment, they will understand why the court has taken the course it has,” Mr Justice Hayden said.
“I should also like to extend my congratulations to them on the birth of their son.”
