Delaware General Assembly


CHAPTER 386

AN ACT TO AMEND CHAPTER 7 OF TITLE 13, DELAWARE CODE, RELATING TO THE CONSENT OF MARRIED MINORS TO THE PERFORMANCE OF DIAGNOSTIC AND THERAPEUTIC PROCEDURES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. That Chapter 7 of Title 13, Delaware Code, be and it is hereby amended by the addition of the following new section at the end of the said chapter:

§ 707. Married Minors' Consent to Diagnostic and Therapeutic Procedures

The consent of a married minor, or if a married minor be unable to give consent by reason of physical disability, then the consent of the spouse of such married minor, to the performance by any licensed Medical, Surgical, Dental or Osteopathic Practitioner, or any hospital, or their agents or employees, of any lawful diagnostic, therapeutic or post-mortem procedure upon or in respect of such minor or any minor child of such minor, shall, notwithstanding the minority of such minor or the spouse of such minor, be valid and legally effective for all purposes and shall be binding upon such minor, his parents, spouse, heirs, executors and administrators as effectively as if such minor or the spouse of such minor were twenty-one (21) years of age or upwards. The consent hereinabove referred to shall be the sole consent necessary for the performance of diagnostic and therapeutic procedures in connection with such minor and shall obviate the requirement of parental consent in such cases.

Approved August 28, 1964.