Stretching the Boundaries of Parental Responsibility and New Legal Guidelines for Determination of Brain Death

(2017) Journal of Bioethical Inquiry, 14(3), 323-328

U. of Adelaide Law Research Paper No. 2018-114

Posted: 10 Sep 2018

See all articles by Bernadette Richards

Bernadette Richards

University of Adelaide - School of Law

Date Written: September 3, 2018

Abstract

A recent decision of the Family Court of Australia stretches the boundaries of parental authority and, arguably, fails to protect the interests of the child. At the outset of this discussion it is important to recognize the love and care that the parents of Carla (the child at the centre of this decision) have for her and their strong view that the treatment they are seeking is in her best interests. This overview in no way challenges that motive, rather it raises general questions regarding the broad legal principal that emerges from the decision.

Keywords: Parental responsibility, Best interests of the child, Invasive treatment, Gender, Brain death, End-of-life, Uniform Determination of Death Act, American Academy of Neurology

JEL Classification: K30, K00, K32, K39

Suggested Citation

Richards, Bernadette, Stretching the Boundaries of Parental Responsibility and New Legal Guidelines for Determination of Brain Death (September 3, 2018). (2017) Journal of Bioethical Inquiry, 14(3), 323-328, U. of Adelaide Law Research Paper No. 2018-114, Available at SSRN: https://ssrn.com/abstract=3243425

Bernadette Richards (Contact Author)

University of Adelaide - School of Law ( email )

Adelaide, South Australia 5005
Australia

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