Abstract

In Italy, both parents have parental responsibility; as a general principle they have the power to give or withhold consent to medical procedures on their children, including consent for blood transfusion; however these rights are not absolute and exist only to promote the welfare of children.MethodsThe Authors discuss ethical and legal framework for Jehovah’s Witness parents’ refusal of blood transfusion in Italy. They searched national judgments concerning Jehovah’s Witness parents’ refusal of blood transfusion – and related comments – in national legal databases and national legal journals, and literature on medical literature databases.ResultsIn the case of Jehovah’s Witness parents’ refusal of blood transfusion for their child, Italian Courts adopt measures that prevents the parents from exercise their parental responsibility not in the child’s best interest.DiscussionIn the event that refusal by the parents, outside of emergency situations, exposes the child’s health to serious risk, health workers must proceed by notifying the competent authority, according also to the Italian Code of Medical Ethics.ConclusionWhen the patient is a minor, the child’s best interest always come first.

Highlights

  • In the event that refusal by the parents, outside of emergency situations, exposes the child’s health to serious risk, health workers must proceed by notifying the competent authority, according to the Italian Code of Medical Ethics

  • In Italy, legally, except in an emergency situation, as a general principle parental consent is required in order to perform any medical treatment on a minor; both parents have parental responsibility and they have the power to give or withhold consent to medical procedures on their children [1,2]

  • In the case of Jehovah’s Witness parents’ refusal of blood transfusion for their child, health professionals “must take the consideration as valid that nobody can be deprived of life by their own parents” and can ask immediately for the ordinance of judicial authority to authorize the transfusion [5]

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Summary

Introduction

In Italy, legally, except in an emergency situation, as a general principle parental consent is required in order to perform any medical treatment on a minor (under 18); both parents have parental responsibility and they have the power to give or withhold consent to medical procedures on their children [1,2]. They exercise this responsibility by mutual agreement, with due consideration for their child’s capabilities, natural inclinations and aspirations. In situations not classified as routine where the health care staff receive consent from only one parent, they must weigh the pros and cons with care, assess how long it would take to consult the other parent, the degree of invasiveness of the treatment and the level of risk involved, the urgency and the gravity of the minor condition, bearing in mind that the priority in all decisions must be the best interest of the minor

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