In recent months, we’ve heard a growing number of questions from our clients — particularly those in the fields of psychology and mental healthcare — about a topic that seems simple on the surface, but is in fact anything but: parental consent for the treatment of minors.

What does the law require? When is consent from one parent sufficient? What happens in cases of divorce, custody battles, or where there is no clear legal guardian? How does “the best interest of the child” standard apply in practice? And why does it sometimes feel like there are different expectations depending on whether you are a psychologist, GP, or other healthcare professional?

We have gone to great lengths to seek out clear answers to these questions on your behalf — engaging with expert legal advice, consulting key sources such as the HPCSA’s Guidelines on Informed Consent and the Children’s Act, and reviewing current interpretations of these complex rules. One thing is certain: this is not a space where assumptions should be made.