By applying procedures such as these, we can better ensure that a child’s right to their own
body is protected.
“Every procedure had its risks and complications. Anna understood that,
she was okay with it.”…“Really?...At five years old.”
While Section 7 provides a means for preventing compelled donations on paper, that
purpose is not necessarily achieved in practice. The quote above perfectly illustrates this issue.
Anna’s mother argued that Anna understood the risks and was okay with the donations; however,
can a child at the age of five truly understand and consent to such a thing? What about a three-year
old? A newborn? If a parent has the authority to consent on behalf of their unemancipated minor
and said minor is too young to understand they have the ability to refuse, how is the compelled
donation prevented? Who ensures the minor child’s rights to their own body is being upheld? Anna
was lucky—she sued for the rights to her own body and won. However, her eleven years of
“donations” could not be returned. Anna’s eleven years of compelled donations should have been
prevented. The existence, or lack thereof, of a court order permitting the donation could have
prevented Anna’s compelled donation. Requiring the hospital to evaluate whether Anna, an
unemancipated minor, actually consented to the donation could have prevented a compelled
donation. These are ways Anna’s rights to her own body could have been protected. Although
Anna is just a character in a movie, her experience is one that is all too real and should not be
Acts: Anatomical Gift Act (2006), UNIFORM LAW COMMISSION: THE NAT’L CONF. OF COMMISSIONS ON UNIFORM
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http://www.uniformlaws.org/ActSummary.aspx?title=Anatomical%20Gift%20Act%20(2006), (last visited Feb. 23,
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Kristi L. Kielhorn, Giving Life After Death: The 2006 Revision of the Uniform Anatomical Gift Act, 56 DRAKE L.
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Louis M. Solomon, Rebekka C. Noll & David S. Mordkoff, Compelled Organ Donation, Vol. 6, No. 4 Gender
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