The mother of a 5-day-old baby boy in the care of the Health Service Executive (HSE) is to go to the Supreme Court as part of her battle to get him back.

An emergency care order was granted by the District Court last week over concerns that the infant may be at risk from his father.

The High Court today upheld the validity of the emergency order last Thursday taking the day-old infant into care.

It had been challenged in circumstances where the mother's solicitor was only made aware of the proceedings on Wednesday evening.

The mother also claimed that after she was discharged from hospital her family were effectively put under house arrest by gardai while the HSE applied for the care order.

Mr. Justice Sean Ryan ruled that the baby's immediate need for protection took priority over the mother's rights to fair procedures.

His decision is to be appealed to the Supreme Court possibly as soon as tomorrow.