Consent by children: considerations when assessing maturity and mental capacity

Abstract

Health care providers are required to know and apply legal, ethical and professional requirements when obtaining consent from children. Central to obtaining consent from children is the ability to assess and arrive at a clinical judgement about the child’s maturity and mental capacity. Mental capacity or broadly the ability to understand, reflect, conclude and convey a free choice concerning health matters, is a requirement for valid consent. Many circumstances related to children, health care providers, parents and the treatment decision could influence a child’s ability to make decisions. During the assessment of a child’s maturity and mental capacity, circumstances that influence their mental capacity should also be explored and considered.