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Family Law

Maurer School of Law: Indiana University

Indiana Law Journal

2010

Children's Bodies

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Shaping Parental Authority Over Children's Bodies, Alicia Ouellette Jul 2010

Shaping Parental Authority Over Children's Bodies, Alicia Ouellette

Indiana Law Journal

In the health-care setting, parental decisions to size, shape, sculpt, and mine children's bodies through the use of nontherapeutic medical and surgical interventions are a matter of parental choice except in extraordinary cases involving grievous harm. This Article questions the assumption of parental rights that frames the current paradigm for medical decision making for children. Focusing on cases involving eye surgery, human growth hormone, liposuction, and growth stunting, I argue that by allowing parents to subordinate their children's interests to their own, the current paradigm distorts the parent-child relationship and objectifies children in violation of the moral principle, deeply embedded …