2003 Fiscal Year Final Research Report Summary
Research on the Parental Right of Consent to a medical Treatment of their minor Child.
| Project/Area Number |
14520045
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Gunma University |
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Principal Investigator |
MAEDA Yasushi Gunma University, Faculty of Social and Information Studies, Prof., 社会情報学部, 教授 (40209391)
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| Project Period (FY) |
2002 – 2003
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| Keywords | Informed Consent / Substituted Judgment / Agency / Parental Right / Guardianship |
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| Research Abstract |
Parents (or a parent) of a minor have parental rights for the best interest of the minor child.
Parental rights in Japanese Law include property rights as an agency for the minor. Parents of a minor ought to exercise their property rights for the best interest of the minor. They don't have a right to reduce the property of their minor child. Even if they make a contract to give their minor's property to another, such a contract should have no legal effect. Because they don't have that right.
Parents of a minor have a right in relation to custody for the best interest of the minor. They ought to take custody for the best interest of their minor child. Also,they ought to exercise this right in medical custody for the best interest of the child.
Parents ought to make a medical contract as an agency of their minor child for the best interest of the minor. When the best interest needs the medical contract, parents of the minor must to make this contract. When it needs a consent to the medical treatment for a minor, parents must to consent for the treatment as taking custody. They cannot refuse the medical contract and the medical treatment.
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