Divorced parents and medical care for your child(ren)
When parents separate, it is sometimes unclear who should give consent for medical treatment. It is also not always clear who is authorised to receive medical information. On this page, we explain how we handle these matters.
The rules that apply depend on your child’s age and who has parental responsibility. For us, one thing is always our top priority: your child’s health and wellbeing.
We hereby comply with the provisions of the Medical Treatment Contracts Act (WGBO) and the KNMG guidelines for the treatment of minors.
What is ‘parental authority’?
Parental authority means that a parent is entitled to make decisions on behalf of a child. For example, regarding their upbringing, schooling and medical care. A parent with parental authority may also give consent for medical treatment.
Following a divorce, both parents usually retain parental responsibility. This is not the case only if a court has ruled otherwise.
Consent for healthcare and access to medical information
Who is required to give consent for medical care and who is entitled to receive medical information depends on your child’s age. The older a child gets, the more they are allowed to have a say in decisions. 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 the parent(s) or legal guardian. We also explain to the child what is going to happen, in a way that is appropriate for 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 allowed to view the file. However, that parent may sometimes be given general and important information about the child’s health. This enables that parent to gain a clear 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 and the parent(s) or guardian with parental authority. This is also known as dual consent.
In some cases, treatment may still go ahead without the parent(s)’ consent. This is possible if the child fully understands the treatment and wants it themselves. Furthermore, not providing treatment must not be harmful to the child’s health. In such situations, we make a careful decision.
Medical information
Parents with parental responsibility are provided with the information they need to help make decisions about treatment. If parents would like further information or a copy of the full medical records, we will discuss this with the child first.
Child aged 16 or over
From the age of 16, a young person usually decides for themselves on medical treatment. This applies if the young person is capable of making sound decisions about their own care.
Medical information
From the age of 16, we are only permitted to provide medical information to parents if the young person gives their consent. We are also only permitted to share the medical records with the young person’s consent.
What do we expect from parents?
We understand that a divorce can be difficult. Nevertheless, we ask that you keep each other informed about important matters relating to your child’s health.
The GP practice does not act as an intermediary 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 one parent brings the child to the GP for routine, non-urgent care, we usually assume that the other parent with parental responsibility consents to this. We only do so if there are no indications that the other parent objects.
In the case of major or unusual treatments
Is this a major or specialised treatment? Or do we notice that the parents disagree? In that case, provided it is medically justifiable, we will also seek consent from the other parent with parental responsibility.
In an emergency
In an emergency, we do not delay the provision of necessary medical care. We act immediately in the child’s best interests. We then inform the parents 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 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 access 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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