Legal Question in Family Law in Illinois

Re: Parent's right to know results of minor's medical tests

Not necessarily

Parent's right to a pregnant minor's medical record

Generally, yes, a parent has the right of access to records -- medical, dental, and school -- of his or her unemancipated child. There are exceptions. One particular statute which might create such an exception, is the Illinois Consent by Minors to Medical Procedures Act, 410 ILCS 210/1, et seq. The statute provides in part: “The consent to the performance of a medical or surgical procedure by a physician licensed to practice medicine and surgery executed by a married person who is a minor, by a parent who is a minor, by a pregnant woman who is a minor, or by any person 18 years of age or older, is not voidable because of such minority, and, for such purpose, a married person who is a minor, a parent who is a minor, a pregnant woman who is a minor, or any person 18 years of age or older, is deemed to have the same legal capacity to act and has the same powers and obligations as has a person of legal age.

If you read between the lines of the statute, you’ll see that a pregnant minor has, not only the power to consent to medical trewatment, but also has the “same” powers as adult. it could be fairly argued that the right to confidentiality of medical records and treatment would be included among these powers.