In response to public reaction to its earlier proposal fixing the age of capacity to consent to medical treatment at 16, the Commission now recommends judicial determination of the capacity of a minor. It also recommends an extension of the present law to allow ex parte orders permitting a mature minor to consent to medical treatment without parental notification.
The Law Reform Commission reviews the steps taken in other jurisdictions to deal with issues of obtaining valid consent for medical procedures from minors. It recommends that a Consent of Minors to Health Care Act be passed, setting an age of consent at 16 years. Procedures to obtain consent for those under 16 years of age are included.