Consent to medical procedures and best interests of the child in Australia.(This essay won a University Prize)

“In the overwhelming majority of cases, the best judges of a child’s welfare are his or her parents.” Lord Fraser, Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112


This statement by Lord Fraser has been incorporated into Australian law since Marion’s case was decided in 1992 and rest on the presumption that parents will always act in the child’s ‘best interests’ when making decisions for the child. However, is this the case in all situations? In critical matters, are parents granted the right to make decisions for their children? What are a child’s ‘best interests’? What degree of autonomy do children have in the context of health care choices? What considerations are deemed to be relevant in a contest between the parties? This discussion paper explores these issues as well as examining what is likely to happen if a dispute comes before the Family Court under the current law in South Australia.

Who is a child?
The stipu...