Parent's consent to a child's medical care by a carer (Romania)

Published byDocMuse

The written consent by which a parent in Romania allows the person looking after the child while the parent is away — a grandparent, a nanny, a relative — to take the child to the doctor and agree to routine medical care, for a set period. It carries the child's medical information and the phone number at which the parent can be reached for any important decision. In an emergency, doctors act regardless.

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Common questions

Can someone else take a child to the doctor in Romania instead of the parent?

Yes, but under Law no. 46/2003 consent to medical acts is given by the child's legal representative — usually the parent. This written consent shows the doctor that the parent has allowed the carer to accompany the child and accept routine care, and gives the number at which the parent can be reached for anything else. It does not replace a delegation of parental authority, though: a parent the child lives with who goes to work abroad must notify the public social assistance service at least 40 days before leaving, and a court delegates parental authority for the time being (Law no. 272/2004).

Do both parents need to sign the medical consent?

As a rule, no. For everyday acts, a parent acting alone is presumed, towards third parties in good faith, to have the other parent's agreement too (art. 503 of the Civil Code). For a major procedure the doctor may ask for both parents' consent, and if they disagree, a court decides.

What happens in a medical emergency?

In an emergency the doctor gives the care needed without waiting for the parent's consent, where delay would endanger the child's life or health. The written consent and the information on allergies and treatment help the medical team, and the carer tells the parent at once.