Parental Consent Case Study

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As parents, we have our child’s best interests at heart. We work tirelessly to make sure that they are happy, healthy and well provided for. But what if, one day, we are faced with a heart breaking dilemma? After years of chemotherapy and six months of being in remission, we find out that the cancer our child had is back. At 15 years old, our son has spent half of his life in hospitals, undergoing one procedure after another and he has decided that enough is enough. He vehemently refuses any more chemo and wants only palliative care. On the other hand, as their parent, we want to fight the cancer. We are under the belief that if he beat it once, he can beat it again. What do we do? Do we force our child to undergo such a daunting medical …show more content…

Those exemptions are the mature minor, the emancipated minor and an emergency situation. With the mature minor exception, a minor can consent to obtain medical care without parental consent or notification if the court decides that the minor has the maturity to make independent decisions. A minor may also seek medical care without parental consent if he can convince the court that he is mature enough to act in his own best interest and thus make an independent judgment to consent to treatment. Once the court has decided that a minor is sufficiently mature enough to act in his own best interest and make an independent decision to consent to treatment, it is then unlawful for judicial permission to be withheld. The process is known as judicial bypass. Judicial bypass has regularly allowed minors another option to consent for care in states where parental notification or parental consent is required for adolescents seeking an abortion. In 1990, the Supreme Court ruled in that judicial bypass is constitutionally mandatory if state law requires parental notification or consent. Opponents of judicial bypass believes this process places an undue burden on adolescents seeking an abortion. The determination of maturity provides necessary authorization for a minor to exercise her right to privacy without …show more content…

These include the ability to consent to medical care, rent an apartment and enter into a contract. Once a minor is emancipated, they relinquish the right to parental support and are expected to support themselves. State statutes do vary; for example, in order to be emancipated in California, a minor must be at least 14 years old. However, in Montana, a minor will only by emancipated if the court finds that "the youth has graduated or will continue to diligently pursue graduation from high school, unless circumstances clearly compel deferral of education". Although state emancipated minors are able to make complex decisions, they are not exempt from all state age requirements; for example, they must be 18 years of age to

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