Basics of Consent for Anaesthesia in Children and Young People, study provides insight

The legal framework governing consent for medical interventions in children is intricate. In many jurisdictions, children who are deemed mature enough can provide consent on their own. However, the specific regulations surrounding this can differ significantly. When a child is not in a position to consent, approval must be obtained from a person with parental responsibility. This article explores the nuances of consent, including instances of refusal, related to medical treatments involving children, adolescents, and their parents.

This article provides general information about consent for medical interventions involving children and young people. According to the authors, it is intended for educational purposes and should not be taken as legal opinion or advice. Clinicians facing uncertainty in specific situations are encouraged to consult the relevant authorities within their institution for guidance.

According to the United Nations Convention on the Rights of the Child, a child is defined as anyone under 18. This recognition of children as individuals with rights is reflected in UK and Irish legislation. Children’s rights include being heard and having their views respected, though capacity varies by age. While children can consent to most medical procedures at 16, those under 16 are typically regarded as children, while those aged 16-17 are termed "young people." Doctors must act in the best interests of children, but defining these interests can be complex, requiring consideration of ethical and cultural factors. In uncertain situations, clinicians should seek guidance from experienced colleagues.