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Ethical and legal issues in contraception

Legal – minors

  • Section 2 of the Age of Majority Act 1971 [Act 21] and the Child Act 2001 [Act 611] stated that the adult age is 18 years old and above.
  • Only an adult can legally give a valid consent him/herself for medical or surgical treatments.
  • Rule 47 of the Private Healthcare Facilities and Services Act 1998 (Amended 2006) [P.U.(A) 138/2006] states that minors below 18 year of age need to obtain consent from her parents or guardian.
  • However, for “Non-Invasive” procedures e.g. pelvic ultrasound scans or UPT, the best medicolegal approach is to obtain consent from the minor’s parents and guardian before performing such procedures.
  • This also include prescribing and dispensing of the contraception.
  • This is in accordance to our local medical ethics and law practices as well as the DG of MOH Circular letter no: 16/2010, whereby stated that any intervention unto a minor (below 18 years) will need her parents prior consent.
  • The doctor should discuss with the minor on the option of informing her parents before starting contraception.
  • The doctor then should obtain a valid consent from her parents/guardians or for the minor herself to inform and obtain consent from her parents.
  • A verbal consent from the parents or guardian is acceptable and should be documented in the patient’s file/notes. However, it is good practice that this is followed with a written consent, when possible.
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