A high court hearing is set to proceed tomorrow to decide whether the guardianship of a 4-month-old baby who needs urgent surgery gets transferred from his parents to the court.

Vigils have been planned across the country this evening in support of the parents, including one directly in front of Auckland City Hospital in Grafton.

It comes after Te Whatu Ora filed an application to the court under the Care of Children Act seeking guardianship of the boy to be transferred from his parents to the court after the parents refused to allow blood from vaccinated people to be used in the life-saving operation.

People gathered outside of the Auckland High Court last week as Health New Zealand sought guardianship of a baby in need of heart surgery after the parents refused to allow blood from vaccinated people to be used. Photo / Alex Burton

The boy has severe pulmonary valve stenosis, a condition described by the New Zealand Heart Foundation as one that could stop a heart from effectively pumping blood.

A stenosis is when a heart valve doesn’t open properly. This means pressure and blood can back up, causing strain on the heart.

A preliminary High Court hearing was held in Auckland on Wednesday where Justice Layne Harvey said that day’s hearing was purely administrative to set the date for an urgent hearing.

Representing Te Whatu Ora, lawyer Paul White flagged the urgency of the case saying medical professionals have said the child with such a condition would have been treated several weeks ago in normal circumstances.

The parents’ lawyer, Sue Grey, said the case was unusual and different from other medical guardianship cases where parents are refusing medical care. For this one, she said, the parents want better care than what the state is offering.

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There was no legal or other reason why Te Whatu Ora is refusing to consider the parents’ proposal as a solution, Grey said.

“Because they label my clients as conspiracy theorists, [their position] is that anything my clients say can be ignored,” she told the court.

White said Te Whatu Ora’s application to the court is ultimately based on the best interests of the child and what they view as medically safe.

The reason this case has come to court is because the two parties have reached what he called an impasse, White added.

Justice Harvey set down an urgent hearing for Tuesday, and encouraged the two parties to continue discussions in the meantime.

The baby’s mother told reporters she was doing this because it was her responsibility to do the best for her child.

She said having to deal with a court case was “massive” on top of having to feed twins, she said outside the courtroom.

But she came in person because it was important. “I wanted to see the judge as well, and for the judge to see my baby.”

About 100 people gathered in support of the baby’s parents outside the front of the court’s entrance, holding placards and loudhailers. Some recorded the ongoing scenes on their devices.

A crowd at Auckland High Court to support a Waikato couple who refuse to allow the use blood from vaccinated people for their baby's heart surgery. Photo / Alex Burton

Speaking to journalists in front of the historic Auckland courthouse, the baby’s mother said Starship hospital staff have told her she would not be able to leave with her baby after that day.

“And I said that we are not prisoners,” she said.

The mother said they were desperate for an operation but needed to have “safe blood”. The family are wanting blood from people who have not had any of the Covid-19 vaccines.

“That is our right as a mother, as a voice for my baby.”

Te Whatu Ora Auckland interim director Dr Mike Shepherd acknowledged it could be worrying when parents had to make decisions about their children’s care.

“The decision to make an application to the court is always made with the best interests of the child in mind and following extensive conversations with whānau,” he said.

He wouldn’t comment further on the matter while it was before the court.