LAW313: Martha is 14 years old. She has a Serious Heart Condition and Needs a Heart Transplant: Family Law and Family Dispute Resolution – 1 Assignment, SUSS, Singapore

Question 1

Martha is 14 years old. She has a serious heart condition and needs a heart transplant. Martha has been ill since she was a young child and has had much invasive treatment which has meant that frequently her quality of life has been very poor. Her condition is now deteriorating and the doctors have advised her that if she does not have the operation she will die within the next few months. A donor’s heart has been identified. Martha is saying that she does not want the operation.

She appears to be an emotionally mature teenager and her reasons for not wanting the operation are that she does not feel that she can cope emotionally with the trauma of invasive surgery and feeling unwell afterward as she is worn out after years of ill health. She says she would prefer to die rather than undergo the operation. Martha’s parents would prefer her to have the operation, but they will not go against her wishes.

With reference to:-

(i) case law which provides for children to make decisions for themselves

(ii) case law which limits this might explain the court’s approach to children refusing medical treatment in these situations and whether, if the hospital applied to the court for an order to carry out the transplant operation, you think this application would be successful.

Question 2

Umair is 19 years old and is studying medicine. He lives with his parents and has recently told them he is gay and they have not accepted this. They have arranged for Umair to marry Fawzia whom he has never met. Umair has told them that he can not marry Fawzia and his parents have told him that he has to as otherwise, they will be humiliated in their community. They have told him that they will withdraw all financial support for his medical studies if he does not marry Fawzia.

Umair has continued to resist their pressure until yesterday when they told him that if he does not marry Fawziathey will make Umair’s sister, Tazeen, marry Fawzia’s brother, who is 30 years old. Tazeen is 15 and has a learning disability which makes her vulnerable to manipulation. Umair knows she will be horrified at the prospect of getting married but she will not be able to resist any pressure from their parents. Umair cannot bear the idea of Tazeenbeing made to marry Fawzia’s brother.

AdviseUmair what court applications he can make to stop his parents making him or Tazeen marry. Your answer should deal with any necessary application for leave and advice on what orders the court would make.