Children's Act, 2005 (Act No. 38 of 2005)Chapter 7 : Protection of ChildrenPart 3 : Protective measures relating to health of children129. Consent to medical treatment and surgical operation |
| (1) | Subject to section 5(2) of the Choice on Termination of Pregnancy Act, 1996 (Act No. 92 of 1996), a child may be subjected to medical treatment or a surgical operation only if consent for such treatment or operation has been given in terms of either subsection (2), (3), (4), (5), (6) or (7). |
| (2) | A child may consent to his or her own medical treatment or to the medical treatment of his or her child if— |
| (a) | the child is over the age of 12 years; and |
| (b) | the child is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the treatment. |
| (3) | A child may consent to the performance of a surgical operation on him or her or his or her child if— |
| (a) | the child is over the age of 12 years; and |
| (b) | the child is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the surgical operation; and |
| (4) | The parent, guardian or care-giver of a child may, subject to section 31, consent to the medical treatment of the child if the child is— |
| (a) | under the age of 12 years; or |
| (b) | over that age but is of insufficient maturity or is unable to understand the benefits, risks and social implications of the treatment. |
| (5) | The parent or guardian of a child may, subject to section 31, consent to a surgical operation on the child if the child is— |
| (a) | under the age of 12 years; or |
| (b) | over that age but is of insufficient maturity or is unable to understand the benefits, risks and social implications of the operation. |
| (6) | The superintendent of a hospital or the person in charge of the hospital in the absence of the superintendent may consent to the medical treatment of or a surgical operation on a child if— |
| (a) | the treatment or operation is necessary to preserve the life of the child or to save the child from serious or lasting physical injury or disability; and |
| (b) | the need for the treatment or operation is so urgent that it cannot be deferred for the purpose of obtaining consent that would otherwise have been required. |
| (7) | The Minister may consent to the medical treatment of or surgical operation on a child if the parent or guardian of the child— |
| (a) | unreasonably refuses to give consent or to assist the child in giving consent; |
| (b) | is incapable of giving consent or of assisting the child in giving consent; |
| (c) | cannot readily be traced; or |
| (d) | is deceased. |
| (8) | The Minister may consent to the medical treatment of or surgical operation on a child if the child unreasonably refuses to give consent. |
| (9) | A High Court or children's court may consent to the medical treatment of or a surgical operation on a child in all instances where another person that may give consent in terms of this section refuses or is unable to give such consent. |
| (10) | No parent, guardian or care-giver of a child may refuse to assist a child in terms of subsection (3) or withhold consent in terms of subsections (4) and (5) by reason only of religious or other beliefs, unless that parent or guardian can show that there is a medically accepted alternative choice to the medical treatment or surgical operation concerned. |