A Georgia toddler born without kidneys was rushed to the emergency room Sunday, weeks after the public learned his perfect-match father was unable to donate due to a probation violation.

A.J. Burgess, 2, caught national attention a few weeks ago when it was reported he couldn’t receive a kidney from his father because he had violated his probation. The boy was rushed to hospital for an abdominal infection, the Atlanta Journal-Constitution reports.

“Today has not been a good day for baby A.J. or the family. But they remain hopeful, strong in spirit even as his body weakens,” Attorney Mawuli Davis told local media.

According to news reports, Emory Hospital decided to delay the Oct. 3 transplant surgery after they found out A.J.’s father, Anthony Dickerson, was arrested last month for weapons possession.

For now, the boy’s surgery is delayed until Dickerson complies with his parole officer after three months. Dickerson is said to be the only 100 percent match for his son.

“They’re making this about his dad,” his mother Carmellia Burgess said. “It’s not about dad. It’s about our son.”

A vigil outside of the hospital was planned for the toddler on Sunday.