‘Karwan Ali and Shokhan Namiq have been battling the courts for weeks after a High Court ruled that doctors could stop treating their son, Midrar Ali. Sadly, this week, they lost the legal battle to keep baby Ali on life support.
During their first court case, according to the Guardian, Sir Andrew McFarlane, who is president of the family division, Lord Justice Patten and Lady Justice King ruled that Midrar’s parents did not have an arguable case and that medics could legally “cease to mechanically ventilate” the child.
According to a report out of the Associated Press, baby Ali was starved for oxygen due to complications at birth, and was born not breathing and without a heartbeat. He has been on a ventilator since the day he was born.
Judges at both courts agreed with doctors that Midrar Ali had experienced “irreversible brain stem death” by Oct. 1, when he was 14 days old. Three appeals judges ruled Friday that doctors could lawfully “cease to mechanically ventilate” the baby.
One of the judges, Andrew McFarlane, said Midrar Ali no longer had a “brain that is recognizable as such.”
“There is no basis for contemplating that any further tests would result in a different outcome,” he said.
The parents do not accept the courts’ rulings and claim that their child’s life is still able to be saved and his condition reversed. According to the couple’s lawyer, they are now considering an appeal to the Supreme Court.
Describing the judgment as “terrible”, the boy’s father said: “They can’t be 100% sure he is dead. He’s still growing. His eyes move. I’ve seen them move.”