Posted on 07/09/21
| News Source: Hamodia
A British appellate judge has denied the request by the parents of Alta Fixsler, a two-year-old Jewish child with severe brain damage, to appeal a lower court ruling that a hospital may remove the child from life support. The family will now appeal to the Supreme Court.
The lower court had ruled that the hospital may remove Alta from life support despite her parents’ argument that their religious rights as Jews allow them to do all that is necessary to keep Alta alive. The judge said that it could not be assumed that the young child, who is cognitively impaired, would necessarily accept the same religion as her parents.
The Jewish community worldwide mobilized a movement to get British officials to allow Alta, whose mother is Israeli and father is Israeli-American, to at least leave the U.K. and receive continued treatment in Israel or the U.S.
American activists including Rabbi Moshe Dovid Niederman of UJO, Rabbi Chaim Dovid Zwiebel of Agudath Israel, and Rabbi Moshe Margaretten of Tzedek Association have been heavily involved in the lobbying effort. Ten Republican U.S. senators wrote a letter to President Joe Biden last month, urging him to “advocate to Prime Minister Johnson on behalf of the Fixsler family.” Democratic Senate Majority Leader Charles Schumer helped secure a visa request for Alta to travel to the United States.
According to Rabbi Niederman, a medical transport to the United States has been arranged through Jewish philanthropists, and would not cost the British government anything. But the hospital has resisted allowing Alta to leave for treatment, saying it would be more humane to terminate her life support.
Israeli government officials have also interceded on Alta’s behalf with British officials.
Following the adverse ruling by the lower court, the family had sought a request to appeal the ruling. Before the appeal itself would be heard, the appellate court must grant the parents the right to appeal. But on Friday, several weeks after the appellate hearing, the appellate judge ruled that he would not grant the family’s request to appeal.
The family will now bring the case before the Supreme Court. A stay order has been issued until July 14.
All are asked to daven for Alta bas Alta Chaya, besoch she’ar cholei Yisrael.