Minors’ Rights to Their Own Medical RecordsĪ minor is allowed to consent to confidential healthcare in two cases:įirstly, the minor is emancipated. Emancipated minors are legally separated from their parents or guardians before age 18, are responsible for supporting themselves, and have the same rights as adults. However, if the father is a non-custodial parent whose rights have been removed by the court, then the biological mother would be the only one able to authorize the stepmother to access the child’s records. The child’s biological mother can’t interfere with who the father chooses to grant access to. For example, if the child’s father authorizes his wife (the child’s stepmother) to access the medical records, then the clinic must give her access. One of the child’s parents would have to authorize the disclosure. Is the clinic obligated to give the stepmother access to the child’s medical records? The woman doesn’t present any authorizations stating her authority to access the child’s records. Either parent can authorize extended family (grandparent, stepparent, etc.) to access their child’s medical records.Ī stepmother requests the medical records of her husband’s 9-year-old child.Biological parents of an adopted child have given up their parental rights and so can’t access the child’s records.The same applies to social workers granted parental rights over a child in state custody. However, the parents maintain their parental rights unless these rights have been removed by the court. Legal guardians have parental rights granted by the court. ![]() For example, a court may remove a non-custodial parent’s parental rights.
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