In Practice

What to do when a parent or guardian tries to override a legally competent child’s consent to a surgical operation

D J McQuoid-Mason

Abstract


Guidelines are provided for doctors where a parent or guardian tries to override an otherwise legally competent child’s consent to a surgical operation by refusing to provide the assistance required by the Children’s Act. Consideration is given to whether an otherwise legally competent child is competent to consent to a surgical operation when this can be overridden by their parent or guardian, and the legal position regarding informed consent by a child to the surgical termination of her pregnancy.


Author's affiliations

D J McQuoid-Mason, Centre for Socio-Legal Studies, University of KwaZulu-Natal, Durban, South Africa

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Keywords

Medical law; Consent by children; Children's Act; Consent for operations; Refusal by parent/guardian; Guidance for doctors

Cite this article

South African Medical Journal 2018;108(12):1030-1031. DOI:10.7196/SAMJ.2018.v108i12.13492

Article History

Date submitted: 2018-11-26
Date published: 2018-11-26

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