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Consent for post-mortem activities on deceased child
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48. (1) When it is proposed to carry out post-mortem activities on a deceased child, a designated healthcare worker shall seek post-mortem consent for the post-mortem activities from a parent or guardian of the child and the parent or guardian may consent to the post-mortem activities concerned.
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(2) A parent or guardian of a deceased child may consent to post-mortem activities on the deceased child notwithstanding that the parent has not yet attained the age of 18 years.
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(3) A parent or guardian, when providing post-mortem consent under subsection (1), shall have regard to any previously expressed wishes of the deceased child, in proportion to the child’s age, degree of maturity and decision-making capacity at the time of expressing those wishes.
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(4) Where one of the parents or guardians of a deceased child has provided post-mortem consent in accordance with subsection (1) (“the first parent or guardian”) and the other parent or guardian objects to the consent provided by the first parent or guardian, the post-mortem activities shall not proceed.
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