High Court grants order allowing ARV drugs to be administered to infant

The High Court has granted an order to the HSE allowing anti retro-viral drugs to be administered to the child of an expectant mother with HIV.

The heavily pregnant woman, who cannot be identified for legal reasons, refused to consent to the treatment because she believes the drugs are dangerous.

The High Court heard from a paediatrician that treating the infant with ARV drugs will reduce the risk of transferring the HIV virus from mother to child.

The expectant mother is opposed to the treatment because she believes the drugs are toxic and that her chances of passing on the virus to her baby are extremely low.

As further precautions against spreading the infection, she has agreed to her medical team’s request for birth by a scheduled caesarean section and not to breastfeed the child.

In his ruling Mr Justice George Bermingham granted an order to the HSE allowing the ARVl drugs to be administered.

He said it was not a question of the State acting as a super parent but that this was a very rare occasion where it is appropriate and necessary for the court to override the views of a parent in the best interests of the child.