The minor’s healthcare

This article explores the regulation of children’s healthcare under French law, taking into consideration the role of parents, the welfare of the child, and the child’s autonomy. Parents primarily make healthcare decisions on behalf of their child’s, acting as representatives of the child’s best interests within the framework of parental authority. The level of consent required depends on the seriousness of the medical decision at hand; for everyday medical matters, one parent’s consent may suffice, while decisions involving the child’s physical well-being may necessitate consent from both parents. Despite the central role of parents, French law underscores that all parental decisions must prioritise the child’s welfare. Consequently, parents cannot make arbitrary decisions, and certain actions are mandatory, even if parents are unwilling to carry them out. Furthermore, in the past four decades, there has been a growing emphasis on children’s rights, prompting the French legislator to increasingly acknowledge children’s voices, especially in healthcare-related matters. Today, the legislator grants various rights to the child, such as the right to veto, the right to consent to decisions alongside their parents, and sometimes the right to act independently without consulting their parents. In sum, French legislation has aimed to strike a balance between recognising the child’s autonomy and the imperative of protecting them from their own decisions.