Reproduction law--Part Two.

Abstract

This article examines Canadian law as pertains to principles of patient consent in both abortion and the treatment of infertility. The key consent issues in the area of abortion concern the roles of husbands and fathers and of parents of adolescent children. Once a competent woman has given legally effective consent to pregnancy termination, she is not subject to the veto of the father of the fetus. The section of the Criminal Code governing spouses also obliges parents and guardians to provide the necessities of life to children under 16 years of age. In addition, provincial child welfare and protection legislation provides that parents who refuse to give their children medically advised care are committing an offense and their children may be placed under the legal supervision of others. In cases where a parent advocates abortion and the daughter wishes to continue the pregnancy, the daughter's preference prevails providing that she is mature enough to knowingly accept the risks involved. Infertility treatments are governed by routine doctrine on medical consent, including the disclosure of risks and side effects. Legally, the sperm donor in cases of artificial insemination may bear responsibility for the support of his child, but this responsibility is rarely enforced. Women who donate ova for in vitro fertilization are not affected by the same parental responsibility provision since "motherhood" consists of giving birth to a child. Finally, although surrogate motherhood raises numerous and complex legal issues, they are family law and contractual rather than medical consent issues.

Cite this paper

@article{Dickens1985ReproductionLT, title={Reproduction law--Part Two.}, author={Bernard M. Dickens}, journal={Health management forum}, year={1985}, volume={6 3}, pages={39-51} }