Hospital v Baby M [2020] NSWSC 1481

Hospital v Baby M [2020] NSWSC 1481

Where the parents of a child have given their informed consent to proposed medical procedures, there is no need for the Court to exercise its parens patriae jurisdiction by authorising the procedures or making declaratory orders; instead, it is appropriate to make orders noting that the parents have consented.

Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Application for Parens Patriae Jurisdiction Orders / Ex Tempore Judgment at Hearing
Outcome
The Court declined to make declarations or authorise surgery; made orders noting parental consent to surgery.
Legal Topics
['parens Patriae Jurisdiction' 'medical Treatment of Children' 'parental Consent' 'authority for Surgery']
['equity' 'family Law' 'medical Law'] ['parens Patriae Jurisdiction' 'medical Treatment of Children' 'parental Consent' 'authority for Surgery']

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Procedural Posture

Application for Parens Patriae Jurisdiction Orders / Ex Tempore Judgment at Hearing

Legal Issues

  1. 1 ['Whether the Court should authorise surgery on Baby M where parents now consent' 'Whether declarations should be made under parens patriae jurisdiction when parental consent is given']

Ratio Decidendi

Where the parents of a child have given their informed consent to proposed medical procedures, there is no need for the Court to exercise its parens patriae jurisdiction by authorising the procedures or making declaratory orders; instead, it is appropriate to make orders noting that the parents have consented.

Court Disposition

The Court declined to make declarations or authorise surgery; made orders noting parental consent to surgery.

Orders

  • ["Noted that the parents have consented to the procedures described in the affidavits of the Hospital's clinicians for Baby M to be performed."]