Child autopsy without parental permission Cover Image

Sekcja zwłok dziecka wobec braku zgody rodzica
Child autopsy without parental permission

Author(s): Katarzyna Pluta
Subject(s): Civil Law, Human Rights and Humanitarian Law, Health and medicine and law, Family and social welfare
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: civil law; autopsy of a child; parental authority; parental permission;

Summary/Abstract: In medical cases, post-mortem examination is very important. There may be situations where the family of the deceased asks for an autopsy. On the other hand, medical facilities are not obligated to perform it at the request of the family. The problem discussed in this paper is to determine the relationship between the rights of parents and the competence of the entity performing the autopsy of the child. In particular, defining the rights of parents regarding the autopsy of their child, especially when they are not interested in carrying it out. The aim of this study is also to determine whether an autopsy of a child can be performed in any case, regardless of the place of death or the consent of the statutory representative, and if not, what circumstances limit the possibility of performing an autopsy and constitute grounds for refraining from this activity. The author analyzes the conduct of a child’s autopsy in the context of human rights violations, with perticular emphasis on parent’s religious beliefs.

  • Issue Year: 2023
  • Issue No: 60
  • Page Range: 313-324
  • Page Count: 12
  • Language: Polish