Charlie Gard’s parents gave up the legal battle to save their son’s life Monday morning, as it is now too late to treat him.

Chris Gard and Connie Yates, the parents of Charlie Gard, entered the U.K. High Court Monday to begin the last phase of hearings in Gard’s second trial.

What was expected to be a fight to the finish — after two international hospitals came forward with evidence for nucleoside bypass therapy, Dr. Michio Hirano’s testimony on Gard’s behalf, U.S. lawmakers granting Gard and his parents permanent U.S. residency — became an unexpected tearful surrender, according to an AP report.

“This case is now about time,” said barrister Grant Armstrong, legal representation for Gard’s parents. “Sadly time has run out.”

Gard has suffered irreversible damage to his muscle tissue and is now untreatable, thanks to the protracted battle with the U.K. legal system that prevented Gard from receiving potentially life-saving treatment early on.

“The parents’ worst fears have been confirmed,” Armstrong said. “It is now too late to treat Charlie.”

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