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Vaccine and parental consent of minor.

  • 04-09-2021 8:00am
    #1
    Registered Users Posts: 4,411 ✭✭✭ Lord Trollington


    Looking for some advise on vaccination of someone under 16.


    My brother and his ex wife have 2 kids . One 18 and the other 15. 18 year old is irrelevant and can make their own choice .

    As agreed in court and requested by the kids themselves, both of then live full time with my brother seeing their mother at the weekend who lives 90kms away. This in itself is strange as most kids would want to remain with their mother, but this is a story for another day .


    So the 15 year old wants to get vaccinated for a number of reasons. He wants to go on holidays with his Dad without hassle. He is also a very capable footballer, currently with an underage League of Ireland club and is being scouted by other League of Ireland clubs and one or two from England also. He is afraid that not being vaccinated will affect his ability to travel to/from games, training camps etc as part of his team.


    However his mother sent a letter to the HSE unknown to all involved that she did not consent to him being vaccinated. The HSE being the HSE sent it to the wrong department and didn't notify either my brother or the relevant authorities involved in time and he has his first vaccination jab 10 days ago.


    A number of days after getting his first jab, it then came to light about the letter. So the HSE were eventually in contact with my brother and on the back of this a solicitors letter was issued to not get the 2nd vaccine jab.

    Where does one go to from this juncture?

    Medically, does it not make sense for him to finish the programme having already had one. Is the thoughts and wishes of the 15 year old himself not taken into account ?

    Any help/advise is appreciated.

    Many thanks .



Comments

  • Registered Users Posts: 30,467 ✭✭✭✭ Lumen


    Presumably the solicitor's letter is from the mother, in which case the recourse is to engage a solicitor to advise.

    As far as the HSE are concerned I believe the consent of one parent is sufficient.

    In other words, there's nothing stopping the second vaccination unless there's been some kind of court issued injunction but it carries the risk of some unspecified retaliatory legal action from the mother.

    Presumably he could just get quietly vaccinated and not tell anyone. It's not like lying to one's mother is a rare event.

    IANAL and this is not legal advice.



  • Registered Users Posts: 303 ✭✭ .42.


    From the HSE site it says that :

    A parent or legal guardian will need to give consent for their child to get their COVID-19 vaccine.

    Your brother is A parent of the child and has the best interest of the child in mind so I don’t see the issue



  • Registered Users Posts: 5,148 ✭✭✭ pg633


    Who is the solicitors letter from and what does it say?

    Did the separation agreement or divorce cover any of this?



  • Registered Users Posts: 4,411 ✭✭✭ Lord Trollington


    It has been flagged on the HSE system now. Once he goes or attempts to go for his 2nd jab and is asked for his PPS number it won't progress beyond that.

    The solicitors letter states that all medical issues were to be shared and agreed as per separation agreement .

    The window to resolve this is quite small as the 2nd jab is due in less than 2 weeks.



  • Registered Users Posts: 30,467 ✭✭✭✭ Lumen


    In that case I don't see how's there's any recourse but through a solicitor, although there issue goes away when he reaches 16.



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  • Registered Users Posts: 4,411 ✭✭✭ Lord Trollington


    So reading the HSE website it states that A parent needs to consent. And that at the vaccination centre the child will be asked if they want to get the vaccine at the vaccination centre.

    The court agreement states that all medical issues need to be shared. There is no mention of agreement . In that event, say the young lad needed a blood transfusion. Does it need to be agreed by both parties.

    If he needs a tetanus jab as he cut his hand on a rusty nail, does thus need to be agreed too? F*cking ludicrous

    Being an anti vaxer shouldn't be a good enough reason to prevent vaccination, in my eyes. Or indeed just disagreeing to cause hassle shouldn't either



  • Registered Users Posts: 5,430 ✭✭✭ daheff


    Question -if all medical issues were to be shared

    1-Why did the mother not contact the father to discuss this (or did they and that was left out if the post)


    2-If this needs to be a shared agreement, surely the decision NOT to be vaccinated is also to be a shared agreement?


    What does the divorce agreement state about when there is not agreement? How is that situation to be resolved?



  • Registered Users Posts: 30,467 ✭✭✭✭ Lumen


    That's all completely irrelevant since you've stated that the HSE won't now proceed due to the solicitor's letter.

    I wouldn't be in a mad rush anyway since you get longer lasting protection from the vaccine with a bigger dose gap.

    Is the hassle of getting tests for travel until he's 16 enough to warrant a legal fight?



  • Registered Users Posts: 765 ✭✭✭ airy fairy


    When will he be 16, that's what I'd be aiming for....



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