Medical consent for a minor - an alternative proposal

Under current South African law, in terms of Child Care Act 74 of 1983,1 consent for elective surgery, HIV testing and therapy can only be given by the biological mother, married father or legal guardian of a minor. Where the consent of a parent or legal guardian cannot be obtained, permission for a medical procedure must be sought from the Minister of Social Development if in the opinion of a medical practitioner the procedure is necessary, i.e. consent by proxy. While we can accept that the intention of the law is to protect the welfare of the child, we find that this prejudices those patients requiring consent via the social service department. This procedure has in the past often led to delays and/or cancellations of the intended surgery or institution of appropriate therapy. It is a protracted pathway and at times a frustrating endeavour