By Monday, Edna Henderson had changed her mind. She asked a social services counselor at Santa Clara Kaiser, to which Odette was now transferred, to inform Poole that she wanted her daughter taken off life support. Poole says the counselor told him, "I want you to understand that she has every right to pull the plug." The counselor's bosses were not so sure. Kaiser hospital doctors and administrators debated the case. Who had the right to decide the fate of Odette's body and the baby within her? Did the rights of the legal kin take precedence over those of the unwed father? Did the baby, still in its second trimester, have rights as a person, and if so, were those rights subordinate to the wishes of Mrs. Henderson? The hospital called in as a consultant Dr. John Golenski, a Jesuit priest who specialized in medical ethics.
Derrick, meanwhile, was taking action. Fearing that a decision to cut off the life support system was imminent (though hospital officials say this was not the case), Derrick contacted the local Right to Life chapter and enlisted the services of attorney Mark Swendsen. The lawyer applied to the Santa Clara County Superior Court, where Judge John Flaherty agreed that the unborn baby could not be denied its civil rights. In what ethicist Golenski called a "remarkable" decision, Flaherty granted a temporary restraining order against Kaiser. Also remarkable, Flaherty referred to the fetus as "Baby Poole," after the unwed father. On June 25 Mrs. Henderson agreed to keep Odette's body functioning; she also gave custody of the baby to Poole.