In Re Baby Boy Do

632 N.E.2d 326 (1994)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Doe (D) is a married woman who was expecting her first child. D received regular prenatal care, and all parties involved in this suit consider her mentally competent. Dr. Meserow ordered a series of tests on D, and they suggested that something was wrong with the placenta such that the fetus was not getting sufficient oxygen. The Dr. recommended immediate delivery by cesarean section or in the alternative induced labor. The fetus was 35 weeks old. D abiding in God's faith and healing power decided to await natural childbirth. Her husband agreed with her. D was examined again two weeks later, and now two doctors felt that the conditioned had worsened and the failure to do an immediate cesarean would result in the child being born dead or severely retarded. D refused on the same grounds as before. The Drs. contacted the State's Attorney and asked that the hospital be appointed custodian of the fetus. A hearing was eventually held and the Drs. testified about the medical condition; the court denied the State's petition for custody. Appeals were taken and the decision was upheld. The child was born a healthy baby boy but the ACLU petitioned for the issuance of a written opinion.