Parental consent to the medical treatment and healthcare of children in the context of split families – The importance of informed consent in medical practice
Limebite 03/24
Introduction Medical practitioners have an obligation to ensure that proper informed consent is obtained before any medical treatment and/or healthcare is provided to an individual. The importance of consent is paramount and should be properly considered by medical practitioners at the commencement of treatment. The legislation governing informed consent differs between the states. Generally speaking, a parent can provide consent to their child’s treatment pursuant to the Family Law Act 1975 (Cth) and the common law. An individual’s health and wellbeing must be paramount in any discussions regarding informed consent to medical treatment and/or healthcare. Parental consent In an ideal world, where a child is aged less than 16 years of age and a parent/guardian is required to provide consent to medical treatment to be provided to their child, that can be provided by one parent/guardian if all parents/guardians are in agreeance as to the treatment to be provided. Complexities…