Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, September 25, 1993 TAG: 9309250228
SECTION: VIRGINIA PAGE: C-2 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The mother wants everything possible done for the baby born last October; Fairfax Hospital wants to stop life-sustaining treatment. The 4th U.S. Circuit Court of Appeals in Richmond will hear arguments Oct. 26 on a judge's ruling that the mother's wishes should prevail.
The girl, known as "Baby K", was born Oct. 13 with anencephaly, an untreatable condition that is usually fatal within days of birth. The child is permanently unconscious, cannot see or hear and does not feel pain, according to court papers. The baby has brain stem functions primarily limited to feeding and breathing reflexes and reflexive responses to sound or touch.
The mother rejected doctors' suggestions to get an abortion when prenatal tests diagnosed the condition.
The mother "has a firm Christian faith that all life should be protected. She believes that God will work a miracle if that is his will," court papers said.
The child's father, who is not married to the mother, and a guardian appointed by the court to represent the child's interest, also support stopping treatment.
The hospital said it would feed the baby and keep it warm. "We believe this is the appropriate level of care," the statement said.
U.S. District Judge Claude M. Hilton of Alexandria ruled in July that refusing to treat the baby would violate several federal laws, including the recently passed Americans with Disabilities Act. He also said stopping treatment would violate the mother's constitutional right to "bring up children" under the 14th Amendment's due process clause and her First Amendment right to religious expression.
by CNB