La prise en charge des patientes mineures en maternité au regard de la loi du 4 mars 2002

According to article 388 of the Civil Code, « a minor is an individual of either sex that still has not reached the age of 18 years ». Article 371-1 of the Civil Code stipulates that « parental authority is a set of rights and obligations in the interest of the child… ». The law of March 2002 grants the minor patient greater autonomy and lets him/her participate more actively in the care and decisions concerning him/her. Usually, the doctor has to inform the legal guardians and obtain their consent in order to provide care for a minor. However, the law of 4 March 2002 specifies that an attempt should systematically be made to obtain the consent of the minor patient. In an emergency, the care is administered and the legal guardians are informed as soon as possible. Article 1111-5 of the law also specifies that a minor has the right to oppose the information of the legal guardian(s). The doctor may provide the required care, without the consent of the parents, as long as the minor persists in refusing to have them informed even though an attempt was made to convince him/her. He should indicate in the medical file the information provided the patient and the refusal to consult his/her parent if such be the case, or the opposition of the minor to the access of his/her medical file by the legal guardian(s). In this case, the minor has to be accompanied by an adult for any hospitalisation. The doctor treating a minor is responsible to the minor, his parents and the law. The legislator has left him sufficient latitude to make the required decisions. However, it is always in the interest of the child.