Extracted from text ... SAMJ FORUM Under current South African law, in terms of Child Care Act 74 of 1983, 1 consent for elective surgery, HIV testing and therapy can only be given by the biological mother, married father or legal guardian of a minor. Where the consent of a parent or legal guardian cannot be obtained, permission for a medical procedure must be sought from the Minister of Social Development if in the opinion of a medical practitioner the procedure is necessary, i.e. consent by proxy. While we can accept that the intention of the law is to protect the welfare of the ..