Divorced parents and medical care for your child(ren)
When parents separate, it can sometimes be unclear who is authorised to give consent for medical treatment or who is entitled to receive medical information. We understand that. That is why we explain on this page how we handle these matters.
The arrangements that apply depend on your child’s age and on who has parental responsibility. In all cases, one thing is always paramount: your child’s care and wellbeing.
We base this on the provisions of the Medical Treatment Contracts Act (WGBO) and the KNMG guidelines for the treatment of minors.
What do we mean by ‘parental authority’?
By ‘parental responsibility’, we mean: who is authorised to make decisions about a child, for example regarding their upbringing, schooling and medical treatment. A parent with parental responsibility is therefore also authorised to give consent for medical care. Following a divorce, both parents usually retain parental responsibility, unless the court has decided otherwise.
Consent for healthcare and access to medical information
Who is required to give consent for medical care and who is allowed to receive or request medical information depends on the child’s age. As children get older, they are granted increasing rights to have a say in decisions about their care. Below, we explain how this works for each age group.
Child under the age of 12
For a child under the age of 12, consent is required from their legal representative(s): their parent(s) or guardian with parental authority. The child will, of course, be given an explanation in a manner appropriate to their age.
Medical information
Parents with parental responsibility are entitled to information about their child’s treatment. They may also view the medical records or request a copy.
A parent who does not have parental responsibility is not entitled to access the child’s file, but may, in some cases, request general, factual and important information about the child. This is intended to enable that parent to form a general picture of the child’s health and care.
Children aged 12 to 15 inclusive
For children aged 12 to 15 inclusive, consent is usually required from both the child themselves and their parent(s) or legal guardian. This is also known as dual consent.
In some cases, treatment may still go ahead without the consent of the parent(s), for example if the child has given their informed consent and not providing treatment would cause serious harm to the child. In such situations, we carry out a careful professional assessment.
Medical information
Parents with parental responsibility are entitled to the information they need to help make decisions about treatment. If parents wish to receive further information or a copy of the full medical record, we will discuss this with the child first.
Child aged 16 or over
In principle, from the age of 16, a young person decides for themselves on medical treatment, provided they have the capacity to do so.
Medical information
From the age of 16, doctors’ duty of confidentiality applies in full in relation to parents. This means that we will only inform parents if the young person gives their explicit consent. We may also only share the medical records with the young person’s consent.
What do we expect from parents?
We understand that a divorce can sometimes be complicated. We also expect you, as parents, to keep each other informed of any important information regarding your child’s health. The GP practice does not act as an intermediary or messenger between parents.
Are there any changes to parental authority or the family situation? If so, please let us know as soon as possible. That way, we’ll know whose consent we need and with whom we’re allowed to share medical information.
How does this work in practice?
If one parent brings the child to the consultation
If a child attends a consultation accompanied by one parent, we may usually assume that the other parent with parental responsibility consents to this in the case of routine, necessary and non-invasive care. This applies only if there are no indications that the other parent does not agree.
In the case of major or unusual treatments
Is the treatment invasive, exceptional or unusual, or are there indications that the parents disagree? In such cases, provided it is medically justifiable, we will also seek the consent of the other parent with parental responsibility.
In case of emergency
In an emergency, essential medical care must not be delayed. In such cases, we act immediately in the child’s best interests. Parents are then informed as soon as possible.
Frequently asked questions
Do both parents always have to be present?
No. That is not usually necessary. In the context of routine GP care, we can often assume that the parent with parental authority present is also acting on behalf of the other parent. Additional consent may only be required in the case of special or major treatments.
Is a parent without parental responsibility entitled to information?
Yes, but to a limited extent. A parent who does not have parental responsibility is not allowed to view the child’s file and certainly cannot have a say in the treatment. However, in some situations, this parent may request general, factual and important information about the child.
Are parents automatically notified after every visit to the GP?
No. We do not automatically send a report after every consultation. If you have any questions about your child’s care, please do get in touch with us. The information we are permitted to provide depends on your child’s age and who has parental responsibility.
What if the parents don’t agree?
We will then continue to consider what is medically necessary and what is in the child’s best interests. In the case of routine care, we try to avoid unnecessary delays. In complex situations, we carefully assess whose consent is required.
Can we obtain a statement for a court case?
We do not pass judgement on which parent is in the right, or what the best arrangements for access or parental responsibility are. That is not the role of the GP. When we provide information, we limit ourselves to factual medical information
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