Pregnant minor – medical and legal aspects
Journal Title: Ginekologia i Położnictwo medical project - Year 2015, Vol 4, Issue 38
Abstract
Introduction. In everyday language, in order to define a person who is under 18, we intuitively and interchangeably use several terms: underage, minor or juvenile. In legal language, these terms have their clear definitions, and differences between them are significant. Aim. Elaboration on the pregnant minor patients’ legal situation. Over the last decades, a continuous decline in the age of women’s sexual initiation has been observed. It is difficult to quantify the real scale of the problem of minor pregnant women. Official statistics show only birth rates. For the full picture, miscarriages and abortions should be included. Pregnancy in a minor is a high-risk pregnancy since pregnancy itself and perinatal complications are more frequent. Legal situation of a minor patient: minors function in the area of parental authority. In the case of a minor patient, it is necessary to try to establish guardianship of such a patient. In the absence of the guardian, the guardianship court should be informed. After reaching the age of 16 years, minors gain limited patient rights and can co-decide on their treatment. The hospital has a duty to notify the District Attorney’s Office about every minor patient suspected of becoming pregnant under the age of 15 years – the minor patient is not subject to any criminal liability. Legal situation of a newborn: a minor mother under 18 years of age cannot be discharged from the hospital with a newborn. A legal guardian for the baby must be appointed by the family court. In practice, it is usually the newborn’s grandmother or grandfather. As soon as the child’s mother turns 18, she obtains full parental rights. The only exception is when the patient is already married. This is possible if the woman is at least 16 years old and the family court has given permission for contracting a marriage. Conclusions. Provisions of law are often unclear and there is a problem with their interpretation. It is therefore worthwhile to know the basics of law which will make it possible to follow the right procedures.
Authors and Affiliations
Hubert Huras, Grzegorz Jordan, Krzysztof Rytlewski
Keywords
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