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Parents Consent To Abortion

Decent Essays

The judge’s assessment that the court, instead of the parents, had the authority to

consent to the abortion is questionable. This is because the decision in Marion’s case

does not support such a finding. This is clear in three instances.

Firstly, the majority of the High Court held that parents alone cannot consent to “non-

therapeutic medical procedures”, that is to say, the parents can only consent to

therapeutic medical procedures. In State of Queensland v B, Justice Wilson described

the administration of the drug misoprostol as therapeutic 8 . By this definition, Justice

Wilson should not have held that the parents could not consent to the abortion,

because under the judgment made in Marion’s case, the limitation on parental consent

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