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A child over 14 years old may be able to provide their own informed consent, independent of their parents. [13] The legal precedent is that as an emancipated minor they may consent to any medical procedure they see fit (E.g., Carter v. Cangello, 105 Cal App 3d 348, 164 Cal Rptr 361, 1980; Lacey v.
A parent's right to give consent, or be informed, before their minor child undergoes medical treatment. [3] See informed consent for such legislation in general, or minors and abortion [4] for legislation relating specifically to abortion. [5] Some jurisdictions stop short of requiring parental consent for abortion but require parental ...
'Free consent' is a cognate term in the International Covenant on Civil and Political Rights, adopted in 1966 by the United Nations, and intended to be in force by 23 March 1976. Article 7 of the covenant prohibits experiments conducted without the "free consent to medical or scientific experimentation" of the subject. [4]
An informed consent clause, although allowing medical professionals not to perform procedures against their conscience, does not allow professionals to give fraudulent information to deter a patient from obtaining such a procedure (such as lying about the risks involved in an abortion to deter one from obtaining one) in order to impose one's belief using deception.
The Infants Act does not set an age at which a child becomes capable of consent to medical procedures. A child is capable of consenting if they understand the nature and consequences of the treatment, the reasonably foreseeable benefits and risks, and a medical practitioner determines it is in their best interests. [23] [22] Manitoba: None
Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child (a person under 16 years of age) is able to consent to their own medical treatment, without the need for parental permission or knowledge.
Secretary of the Department of Health and Community Services v JWB and SMB, commonly known as Marion's Case, [1] is a leading decision of the High Court of Australia, [2] concerning whether a child has the capacity to make decisions for themselves, and when this is not possible, who may make decisions for them regarding major medical procedures.
In Canada, abortion is subject to general medical legislation, as there are no laws regulating abortion. Access varies by province and by region; though there are no legal restrictions to abortion. Most medical facilities in Canada do not share medical information with a parent without consent of their child who is seeking an abortion.
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