When Parents Do Not Give Consent

In the Netherlands, medical treatment for minors aged 12 to 16 requires parental consent in addition to the minor's own consent.

Starting point

In the Netherlands, medical treatment for minors aged 12 to 16 requires parental consent in addition to the minor's own consent. Sixteen- and seventeen-year-olds make their own decisions, except in cases involving major or highly specific treatments.

Conflict between parent and child

When parents do not give consent for care that the minor and the healthcare provider both wish to proceed with, the juvenile court can be involved. The court weighs the child's interests, the necessity of the treatment and the positions of everyone involved.

Practice in gender care

Gender clinics generally focus on family discussions and mediation before legal action is considered. The absence of parental consent makes treatment—especially invasive interventions—in practice virtually impossible.

The exception in the law

For young people aged twelve to sixteen, the law provides two exceptions to the requirement for parental consent. A doctor may still provide treatment if this is necessary to prevent serious harm to the young person, or if the young person continues to wish to undergo the treatment after the parents have refused, having considered the decision carefully. The second exception is broadly worded. As far as is known, it is rarely used in gender care because treatment protocols require parental support.

When parents disagree with each other

Parents who share custody must both give their consent. If they disagree, for example after a separation, one of them can ask the court to resolve the dispute or grant substitute consent. The court may hear an expert and request advice from the Child Care and Protection Board. The child's interests are the starting point, but views on what those interests entail diverge precisely in these cases. Practical and legal tips for parents who disagree with each other are provided by deouders.nl.

Experiences abroad

In other countries, courts have ruled on such conflicts more frequently. In Australia, the family court ruled in 2020 that a judge must decide when a parent disagrees with the treatment. In Canada, a father who objected to his child's hormone treatment lost his case in 2020; the court found that the young person was capable of giving consent. As a result, parents who have doubts sometimes feel pressured. Practical guidance can be found in the guide for concerned parents and in the role of parents; the legal framework is explained under minors and consent.