Subject to the provisions of article L. 1111-5, if at the time of admission of a minor it appears that written authorisation to operate on him or her and to carry out the procedures associated with the operation could not, if necessary, be obtained from his or her father, mother or legal guardian within a short time due to their distance, or for any other reason, they must, as soon as the minor is admitted, sign an authorisation to operate on him or her and to carry out the procedures associated with the operation.
If the father, mother or legal guardian is able to give written authorisation at short notice, it will be requested from them as soon as surgery is necessary.
If they refuse to sign this authorisation, or if the consent of the minor’s legal representative cannot be obtained, no surgery may be performed except in emergencies.
However, if the health or physical integrity of the minor is in danger of being compromised by the refusal of the minor’s legal representative or the impossibility of obtaining the latter’s consent, the doctor in charge of the service may refer the matter to the public prosecutor in order to initiate educational assistance measures enabling him/her to provide the necessary care.