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The rights of a minor as a patient are exercised by the person who hold the parental authority. They receive the information as stipulated in art. L.1111. The minor is also entitled to this information and the decision-making involved in an adapted manner, taking into account his maturity (art. L.1111-2, fifth paragraph).
When the parental authorized person refuses a treatment and when as a result serious consequences on the health of the minor arise, the physician must grant the necessary care (art. L.1111-4, sixth paragraph, last sense).
A physician can pass by the consent of the holder(s) of the parental authority when a treatment or an intervention is necessary to protect the health of a minor and the minor has explicitly resisted against the hearing of the holder(s) of the parental authority to keep his medical condition secret. The physician must try to persuade, however, the minor to agree in a hearing of the holder(s) of the parental authority. If the minor continues to resist, the physician can carry out the treatment or the intervention. In that situation the minor can choose any adult to assist him(art. L. 1111-5, first paragraph).
If a minor is able to express his will and to take part in the decision-making, his consent must be obtained systematically (art. L.1111-4, sixth paragraph). In case a minor has personally no more connection with his family and falls under the scheme of universal health insurance, only the consent of the minor is required (art. L. 1111-5, second paragraph).
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