Many of our minor patients have parents who are divorced. If the parent who does not have custody of the child requests the childs medical records, may I release them?
Both the custodial parent and the noncustodial parent are entitled to access the medical records of a minor child if such parent’s parental rights have not been terminated. There is a specific statutory procedure for termination of parental rights. The mere granting of physical custody or legal custody to one parent is not a termination of parental rights. Records may be released with a signed authorization of release of records. If, however, in the opinion of the treating physician, the release of medical records to this person is not in the best interests of the minor, or that this person has subjected the child to abuse or neglect, the physician may elect to not release the records.
Related Questions
- If the parents of a minor (child) are divorced, which parent is financially responsible for the childs medical bills?
- Do both divorced parents have a right to review the information in their minor childs medical records?
- Who can access a minor childs medical records when the parents are divorced or separated?
