Civil law

Other

When do I need to get my parents’ permission for medical care?

If you are under 14, you must always get permission from the holder(s) of parental authority (usually your parents), whether it’s for plastic surgery, a routine operation, a prescription, rehabilitation therapy, or even that brain transplant that your brother so urgently needs!

If you are between 14 and 18 (like Marie-Alice), you must have your parents’ permission for medical treatment that is not required by your state of health, if it presents a serious risk to your health or if it has serious and permanent effects. The doctor will have to get your parents’ consent before beginning treatment. Moreover, even in cases where you can give consent on your own, if the treatment requires you to stay longer than 12 hours in a hospital, the hospital must inform your parents.

Before having plastic surgery to improve her appearance, Marie-Alice must therefore get her parents’ permission. After all, her operation is not required for her health…she’s just sick of her brother suggesting that the family use her as a coat-rack!

I am 14 (or 15, 16, 17) years old. What kinds of medical decisions can I make by myself?

You can make any medical decision by yourself when it has do with a necessary treatment for your state of health. “Necessary treatment” means the standard care that is required according to the circumstances.

Some examples? Thi, Marie-Alice’s best friend, did not need her parents’ permission to get a prescription for the birth control pill. Mimi, another friend, did not have to talk to her parents about getting an abortion. And Yuri, their daredevil skateboarder friend, could consent by himself to getting a metal pin in his leg after missing an ambitious 360-back-sharp-fulledge-inyourface-grab-upindiair-flip.

Can I decide by myself to donate an organ?

In general, a minor cannot give a part or product of his body unless two conditions are satisfied:

• The part or product of the body can regenerate or grow back (like bone marrow, blood, hair, or fingernails);
  
• There is no serious risk for the donor in giving the part or product (giving blood, for example).

But that’s not all! If you want to donate an organ or a product of your body, you also have to obtain permission from the holder(s) of parental authority, and from the court. And, nooo, the silent approval of your pet iguana doesn’t count!

When deciding whether to allow a minor to donate an organ, the court will take into account opinions from:

• Medical specialists;
  
• The holder(s) of parental authority (usually the parents), or of the mandatary, tutor, curator or tutorship council;
  
• Anyone with a particular interest in the minor concerned;
  
• The minor herself: if the young person doesn’t want to give a part or product of her body, everyone must respect her choice.

Can I decide to donate my body to science? Or sign an organ donor card?

Not so fast, Frankenstein! Anyone aged 14 or older can donate his body to science when he dies. Anyone under 14 must have parental permission. The same holds true for consent to organ or tissue removal at death, commonly known as “organ donation” or “the signature on the back of my health card.”

If you don’t express any preference, the person who would normally give consent for your health care (your parents, tutor, etc.) can make the decision.

Who has access to my medical records?

First of all, you can access your own medical record by yourself if you are 14 or older. If you haven't hit 14 yet, you don't yet have the right to demand to see your own file.

As for your parents, they can consult your medical records whenever they want if you're younger than 14. If you are 14 or older (but not yet 18), you can refuse to let your parents see your medical records.

However, your refusal will only be valid if a doctor confirms that granting access to your parents might threaten your health (including your mental health). If the doctor thinks that allowing them access wouldn't harm your health, your parents will be allowed to see your records against your will.