Legal Question in Family Law in Illinois

Parent's right to know results of minor's medical tests

Does a parent have a right to know the results of a minor's medical test ? specifically pregnancy ?


Asked on 1/13/03, 7:55 pm

2 Answers from Attorneys

Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Parent's right to know results of minor's medical tests

Not necessarily

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Answered on 1/13/03, 11:11 pm
Zachary Bravos Law Offices of Zachary M. Bravos

Parent's right to a pregnant minor's medical record

Generally, yes, a parent has the right of access to records -- medical, dental, and school -- of his or her unemancipated child. There are exceptions. One particular statute which might create such an exception, is the Illinois Consent by Minors to Medical Procedures Act, 410 ILCS 210/1, et seq. The statute provides in part: �The consent to the performance of a medical or surgical procedure by a physician licensed to practice medicine and surgery executed by a married person who is a minor, by a parent who is a minor, by a pregnant woman who is a minor, or by any person 18 years of age or older, is not voidable because of such minority, and, for such purpose, a married person who is a minor, a parent who is a minor, a pregnant woman who is a minor, or any person 18 years of age or older, is deemed to have the same legal capacity to act and has the same powers and obligations as has a person of legal age.

If you read between the lines of the statute, you�ll see that a pregnant minor has, not only the power to consent to medical trewatment, but also has the �same� powers as adult. it could be fairly argued that the right to confidentiality of medical records and treatment would be included among these powers.

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Answered on 1/15/03, 2:01 pm


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