Autonomy and Best Interests in Pediatric End-of-Life Decision-Making

Authors

  • Kasper Brenner Department of Public Health Ethics, Jutland University Centre for Bioethics, Denmark Author
  • Kasper Wisniewski Department of Public Health Ethics, Douro Institute of Bioethics, Portugal Author
  • Katrin Larsen Department of Bioethics, Douro Institute of Bioethics, Portugal Author

DOI:

https://doi.org/10.5281/zenodo.22681236

Keywords:

pediatric bioethics, end-of-life care, best interests standard, mature minor doctrine, parental authority

Abstract

Pediatric end-of-life decision-making sits at the unresolved intersection of three imperfect authorities: the child, the parents, and the clinical team. This perspective examines how the best-interests standard, developed originally for family-law disputes, functions once transplanted into intensive-care decisions about withdrawing or withholding life-sustaining treatment. It traces the limits of parental authority, the uneven application of the mature minor doctrine to end-of-life refusals by adolescents, and the procedural mechanisms -- ethics consultation, second opinions, and judicial review -- available when parents and clinicians cannot agree. Recent literature converges on a layered model in which no single actor holds unilateral authority and the weight given to the child's own voice should rise with developmental capacity and fall with the irreversibility of the decision, but this model is harder to operationalize than any single framework it replaces. We argue that defensible practice requires treating capacity assessment as a genuine clinical task,
engaging ethics consultation early enough to slow contested decisions without displacing the family, and giving more institutional weight to what dying children and adolescents themselves report wanting.

References

Committee on Bioethics, American Academy of Pediatrics (1995) Informed consent, parental permission, and assent in pediatric practice. Pediatrics, PMID:7644709.

Ethics of End of Life Decisions in Pediatrics: A Narrative Review of the Roles of Caregivers, Shared Decision-Making, and Patient Centered Values (2018) Children, PMID:29844287.

Considering Parental Requests to Withdraw Life-Sustaining Care in Seriously Ill Children: A Case Report and Ethical Analysis (2026) Journal of Pain and Symptom Management.

The "gray zone" in pediatric end-of-life care: bioethical and medico-legal reflections (2025) PMID:40636513.

Telling is Caring: Prioritizing the Best Interests of Dying Children (2025) Journal of Bioethical Inquiry.

Responding to Parental Requests for Potentially Nonbeneficial Treatment in Life-Threatening Situations: Technical Report (2026) Pediatrics, DOI:10.1542/peds.2026-076119.

Physicians' attitudes and experiences about withholding/withdrawing life-sustaining treatments in pediatrics: a systematic review of quantitative evidence (2023) BMC Palliative Care, PMID:37749572.

End-of-life medical decision-making for children in custody: a collaborative, multi-stakeholder practical approach (2020) Journal of Pediatric Nursing.

Exploration for physicians of the mature minor doctrine (2005) Journal of Adolescent Health.

The Mature Minor Doctrine and Adolescent Refusal of Life-Sustaining Treatment (2010) Journal of Contemporary Health Law and Policy.

Legal Standards Guiding the Mature Minor Doctrine and Adolescent Refusal of Treatment (2010) Health Matrix.

Minors' Refusal of Life-Saving Therapies (2012) AMA Journal of Ethics.

Will JF (2010) My God my choice: the mature minor doctrine and adolescent refusal of life-saving or sustaining medical treatment based upon religious beliefs. Whittier Law Review.

Parental Authority and the Weight of Assent: Navigating Moral Dilemmas in Adolescent End of Life Care (2025) PMID:40569538.

Baiocchi C, Horowicz E (2023) Children, futility and parental disagreement: the importance of ethical reasoning for clinicians in the paediatric intensive care setting. Clinical Ethics, DOI:10.1177/14777509221096628.

Institute of Medicine (2003) When Children Die: Improving Palliative and End-of-Life Care for Children and Their Families, Ethical and Legal Issues. National Academies Press.

Pediatric End-of-Life Decisions when Abuse Is Suspected (2012) AMA Journal of Ethics.

Moral Distress in Pediatric Palliative Care: A Case Study (2009) Journal of Pain and Symptom Management.

Involving Minors in Medical Decision Making: Understanding Ethical Issues in Assent and Refusal of Care by Minors (2025) Journal of Bioethical Inquiry.

Ethical Considerations in End-of-Life Decision Making: Balancing Autonomy and Beneficence (2025) ResearchGate preprint.

Downloads

Published

2023-06-22