New Zealand High Court rules in guardianship of baby at risk of life-saving surgery

A New Zealand high court judge has ruled in favour of health authorities who sought guardianship of a baby boy after his parents refused to consent to a transfusion of vaccinated blood in a life-saving operation.

The landmark decision, delivered on Thursday, is expected to have wide-ranging ramifications and has been a focus of protests for anti-vaxxers who held demonstrations outside the courtroom.

The six-month-old known as Baby W will not survive without immediate surgery for a congenital heart defect. His parents said they were unwilling to proceed unless they were given a guarantee that he would only receive blood from unvaccinated donors.

New Zealand's health authorities and blood service argued that allowing parents to refuse vaccinated blood would set a dangerous precedent, in which patients could demand and choose where their blood came from.

In a summary of the judgment, Justice Ian Gault said that the boy is in the guardianship of his paediatric heart surgeon and cardiologist for the purpose of consenting to surgery to address the obstruction and all medical issues related to the surgery, including the administration of blood.

The guardianship will last from Wednesday until completion of his surgery and post-operative recovery is likely to be in January 2023 at the latest. The parents will retain guardianship in all other matters.

In previous interviews, parents said the baby needed surgery almost immediately but that they were concerned with the blood the doctors are going to use to prevent severe disease and death from Covid-19. The vaccine has been found to be extremely safe and effective, with millions of people around the world vaccinated.

The judge noted that New Zealand's blood service had shown evidence from the past six months of a significant increase in potential blood recipients asking for blood from unvaccinated donors or asking about directed donation. Similar trends have been noted in other countries. The case was brought by Auckland health service Te Whatu Ora. In a statement last week, interim director Dr Mike Shepherd said that the decision to make an application to the court is always made with the best interests of the child in mind.