As of the date of this post, children 12 years of age and older are eligible to get a Covid-19 vaccination. In the coming weeks, it’s likely that children under the age of 12 will also become eligible to receive the vaccination.
So what does this mean for parents, and who gets to make the decision on whether their child will receive the vaccine?
What rights do parents have when it comes to making vaccination decisions for their children?
In Texas, parents have the right to consent to their child’s medical and dental healthcare. Included in these rights are the right for immunization of their children, which means the right to have their children vaccinated.
Do parents have the right to vaccinate their children without consent from the other parent?
A court order is the first point of reference to determine if one parent needs to first receive consent from the other. The right for a parent to vaccinate a child depends on the type of conservatorship you have. Your court order should outline each parents rights.
When both parents are joint managing conservators, usually the duties and rights of the child are shared. These rights explain what each parent is able to do in various situations involving their children and generally fall into 3 scenarios:
- Independent to each parent: Each parent can make a decision without the consent of the other parent
- Joint agreement of the parents: Parents must agree to the decision, or
- Exclusive to one parent: One parent is the sole decision maker
You will want to reference your court order to see which applies to your case.
In some cases, a court order may specify a person who serves as a tie-breaker in the event parents cannot come to an agreement. For example, the child’s pediatrician might serve as this person.
In other cases, court orders may require that parents first consult with one another before making decisions such as these.
Lastly, if a parent is a sole-managing conservator, he or she would be the exclusive decision maker on the the child’s medical care, including whether to have the child vaccinated or not.
However, if no court order exists with a separated or divorced parent, it’s best to speak with an attorney to discuss your options.
What if I want to change an existing court order to get exclusive rights?
Modifying an existing court order is an option. You can file a modification, but this would still need to be decided on by a judge. In the meantime, you would still need to follow your current court order to avoid any sort of enforcement action against you.
Additional questions about parental rights when it comes to the Covid-19 vaccine?
We encourage you to contact us to discuss your situation and see what may be the best course of action in your case.
