NHS Hospital Trust v A (a child) [2007] EWHC 1696 (Fam)

Bone marrow transplant on baby lawful despite parents' refusal to consent.

Family Law Week

Family Law Week have kindly agreed for their case summary to be reproduced below.

Application by doctors seeking a declaration that it would be lawful to perform a bone marrow transplant on a child against the wishes of the parents. Application successful.

The child was suffering from haemophagocytic lymphohistiocytosis, a disease that attacks the vital organs and untreated will prove fatal. Doctors wished to attempt to cure her with a bone marrow transplant. Holman J accepted that the procedure has associated risks but given that a transplant may lead her to live a full and happy life, the wishes of the parents that they should wait for God to cure their daughter should be over ridden as his judgment must be based on medical evidence and reason.

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