Major COVID-19 vaccine producers are attempting to have their vaccines approved for use in children as young as five years old.1 With their approval, separated parents' beliefs about whether their child should receive a COVID-19 vaccination is an issue with the potential to further divide families.
In Ontario, some recent cases discuss whether one parent can have exclusive authority over vaccination-related decisions for their child while the other is against it. These cases stand for two general principles: it is generally in the best interests of the child to be vaccinated; however, if a mature child can provide consent about medical treatment, they will very likely be able to refuse the vaccine, as is their right under the Health Care Consent Act.2
Defining Consent
To provide consent for a medical treatment, including vaccination, a child must be able to "understand the information that is relevant to making a decision about the treatment'?'and be able to appreciate the reasonably foreseeable consequences of a decision or lack of a decision.3 This test will be applied on a case-by-case basis.
Decisions on Children's Vaccinations
In B.C.J.B., the father was granted sole decision-making power over whether to vaccinate the parties' 10-year-old child with a future COVID-19 vaccine approved for use in children.5 The mother argued against vaccinating the child against COVID-19. In this case, vaccination was in the best interests of the child, who also did not have a sufficient level of maturity to make the decision themselves.6
In I.S., the mother, who had sole authority over medical care and decision-making...
