Can Court Appoint Guardian to Provide Insurance Coverage to An Unborn Child ?
In Matter of Jamaica Hosp., 128 Misc 2d 1006 [Sup Ct, NY County 1985] the doctor was appointed special guardian of the unborn child to "exercise his discretion to do all that in his medical judgment was necessary to save its life" (id. at 1008).
The point being that the court has the authority to take the necessary steps to protect the life and health of an unborn child.
Having health insurance will ensure the baby gets proper treatment at birth which will protect the baby's health and could protect his or her life if complications should develop. See Matter of Rita N. (122 Misc 2d 1 [Fam Ct 1983]), where Family Court dismissed a guardianship petition which was sought in order to acquire insurance coverage for an infant.
The Family Court referred the matter to Surrogate's Court.
The implication being that Surrogate's Court can appoint a guardian for the purpose of providing insurance coverage.
In Matter of La Fountain, 33 AD2d 586 [3d Dept 1969], the court exercised its discretion to appoint the grandparents as guardians.