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[34] [35] In Japan, children under 15 can be administered blood transfusions against their and their parents' wishes, and children between the ages of 15 and 18 can be similarly treated provided they, or at least one of their legal guardians, consent to the procedure. [36]
Doctors sought a blood transfusion, but A.C. and her parents refused on religious grounds; child welfare officials moved to take her into care and a court ordered that she be given the transfusion. The judge said he was satisfied she was competent, but since she was under 16 the judge felt that her competence was immaterial to existing law. [6]
However, if doctor's opinions are that parents and guardians are making harmful choices about children, they can be overruled (in some jurisdictions) using legal arguments based on the harm principle; in this case if doctors believe that refusing the blood transfusion would put the child at risk of serious injury or death. [138]
Fiona nevertheless leaves, and returns to court. She rules that, as a matter of law as laid out in the introduction of the Children Act 1989, [3] Adam's welfare is the "paramount consideration" and declares that the medical treatment, including blood transfusion, may proceed despite the absence of Adam's consent and that of his parents.
The only effective way to establish normal patterns of growth and metabolism is to do research on infants and young children. When addressing the issue of informed consent with children, the primary response is parental consent. This is valid, although only legal guardians are able to consent for a child, not adult siblings. [12]
The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. [1]