ABSTRACT

The case of Re C (HIV Test) illustrates the English courts’ ruling that parental wishes are not usually determinative of a case involving medical treatment of a child. Here, the English Court of Appeal was faced with a situation where it had to consider the reasonableness or otherwise of parental refusal to agree to medical treatment of their child in Re C (HIV Test) [1999] 2 FLR 1004; and here, once the child had been born, the local authority was able to apply for a specific issue order under the CA 1989.