Unborn baby of mother with HIV at centre of court case

A High Court judge ruled doctors could provide treatment to the baby even if the mother did not consent

A baby boy whose mother has HIV was given specialist drugs within hours of birth following a High Court case.

The "rare" and "exceptional" ruling was made after Kettering General Hospital NHS Foundation Trust took the matter to court before the child was born.

Doctors feared the mother - unaware of the legal action - would not consent to her baby receiving the anti-retroviral medicine.

The High Court said treatment could go-ahead.

Mr Justice Hayden ruled the medicine could be provided within four hours of birth

His decision came at an online family court hearing on 23 January but was embargoed after lawyers argued the mother could be recognised even if she was not named.

Details have since been published online and the judge said the boy's birth had gone well.

Mr Justice Hayden said a court order relating to an unborn child was "rare" and described the declaration he made as "exceptional".

The mother was unaware of the litigation and was not at the hearing.

A senior barrister, appointed by the judge to give him advice, raised concerns relating to the woman's situation.

North Northamptonshire Council was also involved in the case as it has welfare responsibilities for the child.

Mr Justice Hayden said the woman had complied with "the anti-retroviral medication immediately prior" to a caesarean.

He added the woman and the baby's father were "expressing clear consent" to the boy's treatment regime and the baby was "doing well".

"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."