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Family of sick baby won't appeal court's guardianship decision

December 8, 2022
File image: A baby in hospital.

The family of a baby that needs urgent heart surgery won't appeal the decision to grant the court guardianship of the baby.

Te Whatu Ora Health NZ made an urgent application for guardianship under the Care of Children Act last week after the baby's parents refused to consent to the surgery unless the donated blood needed came from people who had not received the Covid-19 vaccine.

In a judgement released yesterday by Justice Ian Gault about 6pm, he said the baby is under the court's guardianship until completion of their surgery and post-operative recovery. The latest the order is in place is January 31, 2023.

Justice Gault said the baby's doctors are to keep the baby's parents informed "at all reasonable times of the nature and progress" of their child's condition and treatment.

In a statement, the parents said there was no time to appeal and the priority was to enjoy a peaceful time with their baby until the operation.

It comes after the courts became the guardian of a baby who needs urgent heart surgery, 1News' Logan Church reports. (Source: 1News)

Te Whatu Ora Te Toka Tumai Auckland's interim director Dr Mike Shepherd acknowledged the decision in a statement today.

"The decision to make an application like this to the court is always made with the best interests of the child in mind and following extensive conversations with whānau.

"The focus of our entire team at Starship is always on the health and wellbeing of all tamariki within our care, as well as their whānau. With this in mind, it is our priority to work alongside the baby’s whānau as we continue to care for him."

In court on Tuesday, Te Whatu Ora’s lawyer, Paul White, said the organisation did not take a step like this lightly.

The revelation came in the Auckland High Court today, 1News' Logan Church reports. (Source: 1News)

"His survival is dependent on the publication being granted," White said.

"What we have are loving parents who love their child, with contrasting views to the medical professionals."

He also said it was "curious" the parents took such a strong view on the blood needed for surgery, considering the mother had previously consented to blood from the general supply being used in an earlier surgery.

In response to that, Sue Grey, lawyer for the family, said they did not want the blood to be given, however given how the operation was going, they understood that it was needed.

"The fact they got away with it once doesn't mean we should play blood roulette again," she said.

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