Where? Got a reference for that?
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General Parental Authority
Under U.S. constitutional law, parenting is recognized as a fundamental liberty interest, and parents can consent to or refuse most medical treatments for their children, including surgical procedures, medications, immunizations, mental health care, and participation in clinical research
parentalrightsauthority.com. This includes decisions about life-sustaining treatment, palliative care, and end-of-life options.
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Definition and scope
Parental rights in medical decision-making refer to the legally recognized authority of a parent or legal guardian to consent to, refuse, or direct healthcare on behalf of a minor child. This authority derives from the constitutional recognition of parenting as a fundamental liberty interest under the Fourteenth Amendment, affirmed in
Troxel v. Granville, 530 U.S. 57 (2000), and grounded in the earlier precedents of
Meyer v. Nebraska (1923) and
Pierce v. Society of Sisters (1925).
The scope is broad: it covers surgical procedures, prescription medications, immunizations, mental health treatment, participation in clinical research, and end-of-life decisions. It also extends to the right to receive medical information about the child, authorize the release of health records under the Health Insurance Portability and Accountability Act (
HIPAA, 45 C.F.R. § 164.502(g)), and select or change providers.
Scope limitations are defined by state law, not federal mandate. All 50 states impose at least one statutory exception that permits a minor to consent independently, and all 50 states authorize court intervention when a child faces risk of serious harm from parental refusal of treatment.
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