PARENS PATRIAE AND PARENTAL RIGHTS: WHEN SHOULD THE STATE OVERRIDE PARENTAL MEDICAL DECISIONS?

William Shakespeare, The Life and Death of King John Alfie Evans was a terminally ill British child whose parents, clinging to hope, were desperately trying to save his life.1 Hospital authorities disagreed and petitioned the court to enjoin the parents from removing him and taking him elsewhere for treatment.2 The court stepped in and compelled the hospital to discontinue life support and claimed that further treatment was not in the child's best interest.3 Alfie's story is a complicated one. [...]it applies the new framework to three specific cases. "24 The parents considered Alder Hey Hospital's decision to remove life support from Alfie to be a violation of their parental rights to decide what is in the best interest of their child.25 They even lobbied for additional care for Alfie at the Bambino Gesu Hospital in Vatican City.26 Alder Hey Hospital officials refused, insisting that transporting Alfie would create risks to his life as well as cause him undue pain.27 The battle went to the courts. In the United Kingdom, as in the United States, when parents and doctors disagree over the proper care for a child, the courts make the final decision.28 Alfie's case began on December 19, 2017 in the Family Division of the High Court in London.29 Lawyers arguing on Alder Hey Hospital's behalf claimed that there was "no hope" for Alfie.30 The hospital further asked the Court for a declaratory judgment that it would be unlawful to continue Alfie's treatment and that life support should be discontinued.31 Alfie's parents countered that it was their right to determine the appropriate medical care for their son and that their consent was necessary before Alder Hey Hospital could make any medical decisions on behalf of their child.32 On February 20, 2018, the High Court ruled in favor of Alder Hey Hospital.33 Justice Anthony Hayden wrote in his decision that "[I]t was entirely right that every reasonable option should be explored for Alfie.