A Dublin couple were given leave by the High Court yesterday to take legal proceedings against the Minister for Health, Mr Martin, compelling him to reply to their queries about what had happened to the organs of two of their three children who died at birth at the National Maternity Hospital in Holles Street, Dublin.
Mr Conleth Bradley, for the couple, said his clients, after being pushed from pillar to post, were forced to come to court to find out what, if anything, had happened to the organs of their two dead children. The court was told that one of the children was stillborn while the second died immediately after birth.
Mr Bradley said the two children, both at birth and death, were afforded protection by the Constitution, and this included the right to bodily integrity. The State must by its laws defend and vindicate their rights as far as possible, including affording such children their dignity as human beings.
In an affidavit presented to the court, the Dublin woman said she was the mother of three children, two of whom died at birth; the first on April 4th, 1987 and the second on April 16th, 1998.
As a result of media coverage of the use and disposal of organs of children without parental consent, she became very concerned as to whether her two babies had had their organs used in any way or disposed of without her or her husband's consent.
Her solicitor wrote to the National Maternity Hospital in Dublin and it passed the request on to the "relevant Department".
Last month, the hospital sent a selection of records to her but she had been informed by her medical adviser that they did not contain information as to what happened to her children's organs. Her solicitor also wrote to the Minister seeking information on what might have happened to their babies' organs. Both she and her husband were extremely upset and concerned that they had to come to court to seek a remedy in order to get information to which they were entitled. Mr Bradley told Mr Justice Smith that the baby girl was buried by the family while the hospital authorities buried the boy.
Mr Justice Smith said he was satisfied on the evidence presented to him that the couple had a case to bring judicial review proceedings. He granted them leave to seek an order directing the Minister to reply to their question. They were also given leave to seek an order directing the Minister to make immediate inquiries and confirm or otherwise whether records exist regarding the disposal of the two deceased children's organs.