We read with interest Vic Larcher's useful review of adolescence with
respect to consent, competence and confidentiality. In our practical
experience where clinicians are unable to obtain consent from children and
adolescents (as stated in the article), it is essential to ascertain who
indeed has parental responsibility.
Although it is often assumed that biological fathers have parental
responsibility, they only obtain this responsibility when they are married
to the mother (at time of conception or subsequently) and/or are named on
the birth certificate (with effect for children born since December 2003).
If the parents divorce, the father retains parental responsibility, unless
it is ruled otherwise in the courts. Stepfathers do not have parental
responsibility, unless they obtain this through the courts.
Competing interests:
None declared
Competing interests:
No competing interests
25 February 2005
Stephen D Marks
Consultant Paediatric Nephrologist
David Fisher
Department of Paediatric Nephrology, Great Ormond Street Hospital for Children, London WC1N 3JH
Rapid Response:
Parental responsibility and consent
Editors,
We read with interest Vic Larcher's useful review of adolescence with respect to consent, competence and confidentiality. In our practical experience where clinicians are unable to obtain consent from children and adolescents (as stated in the article), it is essential to ascertain who indeed has parental responsibility.
Although it is often assumed that biological fathers have parental responsibility, they only obtain this responsibility when they are married to the mother (at time of conception or subsequently) and/or are named on the birth certificate (with effect for children born since December 2003). If the parents divorce, the father retains parental responsibility, unless it is ruled otherwise in the courts. Stepfathers do not have parental responsibility, unless they obtain this through the courts.
Competing interests: None declared
Competing interests: No competing interests