Written Question · S2W-09205 · Session 2
From what age it considers it is acceptable that children undergo an abortion procedure without the consent of their parents.
The question
To ask the Scottish Executive from what age it considers it is acceptable that children undergo an abortion procedure without the consent of their parents.
The answer
Section 2 (4) of the Age of LegalCapacity (Scotland) Act 1991 allows a person under the age of 16 years to consenton his or her own behalf to medical procedures or treatments provided that in theopinion of a qualified medical practitioner he or she is capable of understandingthe nature and possible consequences of the treatment.
A girl seeking a terminationof pregnancy would, of course, need the agreement of two medical practitioners thatshe met the requirements of the Abortion Act 1967 as well as being competent togive her own consent. A competent young person is, in general, owed the sameduty of confidentiality as an adult. Doctors will, however, be guided by the BritishMedical Association’s ethical guidelines on abortion, which say on this point:
“The value of parental supportmust be discussed with the patient. Doctors should encourage young people to discusstheir situation with parents but must provide reassurance that their confidentialitywill be maintained. If the young woman is unwilling to inform her parents of theconsultation there may be another adult, perhaps an aunt or a friend of the family,in whom she would be prepared to confide. The importance of support during and afterthe termination should be discussed.”
A girl seeking a terminationof pregnancy would, of course, need the agreement of two medical practitioners thatshe met the requirements of the Abortion Act 1967 as well as being competent togive her own consent. A competent young person is, in general, owed the sameduty of confidentiality as an adult. Doctors will, however, be guided by the BritishMedical Association’s ethical guidelines on abortion, which say on this point:
“The value of parental supportmust be discussed with the patient. Doctors should encourage young people to discusstheir situation with parents but must provide reassurance that their confidentialitywill be maintained. If the young woman is unwilling to inform her parents of theconsultation there may be another adult, perhaps an aunt or a friend of the family,in whom she would be prepared to confide. The importance of support during and afterthe termination should be discussed.”
In the Official Report
No contribution in the Official Report cites S2W-09205 by reference.