>There was a certain implication that the mother should not be
'allowed' to bf, even so, if I recall correctly.<
The judge's remarks on the case included expressions of conviction that if
the mother knew that the baby was hiv negative and knew also that hiv could
be transmitted through breastmilk, surely she would not choose to continue
to bf. I don't recall any remark about legal action to be taken in that
case. As I understand arguements about breastfeeding were not presented in
court and this issue remained very much in the background. The
sensationalist press (incl BBC) did pick up on this aspect, but it was not
addressed in court.
The speculation on this issue has had really negative effects, notably in
the wording of the govt reissue of the Guidance on HIV and Infant Feeding,
in 2001. IMO both the judge's speculations on it (when not a matter before
the court) as well as the publicity and the resulting 'urban legend', which
you repeated, Heather (and you are by no means the only one I have heard
doing this), has created a 'self-censoring' system in which we all assume
that bf by an hiv+ woman would result in action by the court, so we feel we
have to warn women in quite strong terms against it. Even the DH say they
don't know what would happen and so on -- astonishing that a govt dept has
self-censored its recommendations on speculation on what the courts might
say if a case were ever brought, in the absence of legal precedent.
Certainly what we know in this case is that social services, the court, etc,
were prepared to take extraordinary action in examining parents' decisions
in areas that the state usually leaves up to parental choice, where the
spectre of hiv has been invoked.
Magda Sachs
Breastfeeding Supporter, BfN, UK
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