Law Commons^™

Going Beyond Parents And Institutional Review Boards In Protecting Children Involved In Nontherapeutic Research, Efi Rubinstein

Golden Gate University Law Review

Part I of this Comment traces the development of ethical and legal guidelines for current informed consent procedures. Part II outlines the extent of parental authority in volunteering children for research, including legal exceptions to parental permission and possible limitations imposed on parental rights by the courts. Part III challenges the assumption that parents can and will always act in their child's best interest. Part IV argues that institutional review boards cannot be relied upon to protect children when parents fail to do so. Finally, Part V proposes possible improvements to the problematic evaluation process of parents and institutions when …