1. Children are under their parents' custody until they become 18 years of age. If a child is under the custody of both parents, they are guardians. If one of the parents for some reason or another is not allowed to be a guardian the other is the guardian of the child. Such is also the case if the child is under the custody of only one of the parents, for instance after a divorce. The other parent has then a right to relations with the child.
   The custodian has the right and duty to decide on questions concerning the child's personal affairs. The custodian has to take more and more consideration for the child's standpoints and wishes as they increase in age and development. That means that the medical personnel must also take account of the child's will and wishes when it comes to medical treatment. In the legislation no limits of age are mentioned so some help must be taken from other legislation.
2. No special provision on the rights of children exists in the Health and Medical Services Act. Instead, reference is made to the Code on Parents and Children, where an 18-years limit is stipulated for children’s right of self-determination. Even if supervisory bodies and legal preparatory works underline the importance of also involving individuals under 18 in the decision-making process, the fact remains that consent to care or treatment by under-age individuals has no support in law.
3. Regarding to the parents’ right to consent for medical care for their children, it should be noted that children are under their parents’ custody until they reach the age of 18, or are married. As a rule, both parents are joint guardians. When only one of the parents is the guardian the other parent usually retains some parental rights, but not guardianship. However, when rendering medical care the doctor should always be taken into consideration if the young person is mature enough to understand her/ his own situation and the consequences of a particular medical treatment. No precise age limits are provided for in the legislation, but the development in recent years has been that greater consideration must be accorded to a young person’s own desires and opinions, increasing with her/ his age and maturity.

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