Published on August 04, 2025
Answer (en): Consent to care for minors varies depending on the child’s age, the nature of the care, and the level of risk. In general, a minor aged 14 or older can consent alone to necessary care, while a child under 14 requires parental authorization. However, some situations also require court approval. Understanding this legal framework helps ensure a child’s rights are respected while protecting their safety.
The Civil Code of Québec and the Charter of Human Rights and Freedoms protect the physical integrity of every individual. This includes children and adolescents.
Thus, no one can impose care without their free and informed consent, unless expressly authorized by law. The applicable framework varies depending on age, type of care, and risk level. Here is an overview of the essential rules for consent to care for minors.
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General Principle
Article 11 of the Civil Code of Québec states that no care may be imposed without the consent of the person concerned. Regardless of the nature of the care, this principle applies.
This consent does not require any specific form. It can also be withdrawn at any time.
When a person is unable to give or withdraw consent, another person may act on their behalf. However, this applies only if no advance medical directive has been written. This rule comes from the Act Respecting End-of-Life Care (c. S-32.0001). Moreover, the person providing consent must be authorized by law or by a valid protection mandate.
The person giving consent for another must:
- Act solely in the best interest of the person concerned
- Respect, as far as possible, the wishes they have expressed
- Ensure the care is beneficial, timely, and that the risks are not disproportionate to the expected benefits
Consent Based on a Minor's Age
a. Care required by their state of health (art. 14 para.2) (e.g.: surgery, medical treatment). The minor can consent on their own. However, if the care requires a stay of more than 12 hours in a healthcare facility, the holder of parental authority or guardian must be informed.
- The minor may refuse such care on their own
- A court order is required to override this refusal
- In an emergency, if the minor’s life or integrity is in danger, parental or guardian consent is sufficient
- If the minor and their parent/guardian both refuse care, court authorization is required to proceed with the care (art. 16 para. 1)
b. Care not required by their state of health (art.17) (e.g.: tattoo, piercing, screening test, etc.)
The minor can consent on their own, unless:
- The care presents a serious risk to their health, and
- The care may cause serious and permanent effects
In this case, the written consent (art. 24 para. 1) of the guardian or parent will be required. The minor may also refuse such care on their own, and their refusal must be respected (art. 23 al. 2).
The minor may also refuse such care on their own, and their refusal must be respected (art. 23 al. 2).
c. Consent to donate part of their body (art. 19 para. 2) (e.g.: organ donation)
Written consent from the parent or guardian AND court authorization are required. The following conditions must also be met:
- The body part must be able to regenerate
- The care must involve no serious risk
d.Consent to research likely to affect their integrity (art. 21)
Consent from the parent or guardian is required. However, the minor may consent alone if:
- The ethics committee determines the research poses minimal risk, and
- The circumstances justify it
In all cases:
- The risk must not be disproportionate to the expected benefits
- If the minor understands the nature and consequences of the research and objects, they cannot be enrolled
2. Minor under 14 years old
a. Care required by their state of health (art. 14 para. 1)
Consent is given by the parent or guardian. The minor’s refusal has no legal effect.
If the parent or guardian refuses such care, any interested party may apply to the court tribunal(art. 16 para. 1), which may authorize the care if the refusal is deemed unjustified (art. 12 et 23 para. 1).
b. Care not required by their state of health (art. 18)
Consent is given by the parent or guardian. However, court authorization will be required if the care:
- Presents a serious risk, or
- Could cause serious and permanent effects The minor’s refusal has no legal effect. However, the court will consider the refusal when deciding whether to authorize the care.
c. Consent to donate part of their body
The same rules apply as for minors aged 14 and over (see section 1c).
d. Consent to research likely to affect their integrity (art. 21 para. 1 and 5, 24)
Consent from the parent or guardian is required. In addition, the risk of the research must never be disproportionate to the expected benefits. The minor may not participate in such research if they object, provided they understand the nature and consequences of participation.
General Exception: Emergency
Consent to medical care is not required when life is in danger or integrity is threatened. This applies to both minors and adults if their consent cannot be obtained in time.
However, consent becomes mandatory again if the care is unnecessary or the consequences are deemed intolerable.
Conclusion
Consent to care for minors is based on a balance between protecting their integrity and supporting their growing autonomy. Therefore, it is essential to understand these rules. This ensures that the child or adolescent receives care that aligns with their rights and needs.