LEGAL ASPECTS OF MEDICAL CONSENT FOR MINORS: PARENTAL RIGHTS AND CHILD AUTONOMY

Abstract

Today, a well-known and a core tenet of medical law and ethics is that a medical professional must get an informed consent from a competent patient before giving any sort of therapy to that patient. This is consistent with the notion of autonomy (self-determination as a fundament right), which is inherent in every individual except in cases where observance of this value might be lawfully departed. In the therapeutic context, for instance, 'autonomy' refers to a patient's 'right to refuse and participate in every decision involving medical treatment'. While children as minors may have limitations as to the exercise of this right, parents are in the best position to oversee to its applicable situations. The question now is, what is the nuances existing between parents rights and child autonomy? This issue is a legal tussle. This paper examined the legal aspects of medical consent for minors within the ambits of parental rights and child autonomy. The paper discovered that finding a balance between the competing interests may be challenging because patients' rights as well as child’s autonomy vary depending on the circumstances of each case, and a variety of legal factors influence the medical space and occasionally change the standard, making it nearly impossible to apply the same standard everywhere. According to the study, there are situations in which a patient is incapable of giving such agreement to a medical expert; as a result, the patient must have such consent obtained on his or her behalf and for the patient's welfare. The paper recommends that current regulatory framework be reviewed and repealed in view of finding a lasting solution to the problem of conflict between parents’ right and child’s autonomy.