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Re: Legal questionFrom: Braun, R. Daniel (rbraun@iupui.edu)Fri Jun 27 06:28:31 2003
And before you take any lawyer's advice, make sure it is YOUR lawyer whose advice you are taking. Dan -----Original Message----- From: William McIntosh [mailto:wdmcintosh@charter.net] Sent: Thursday, June 26, 2003 8:28 PM To: Multiple recipients of list OB-GYN-L Subject: Re: Legal question To play devil's advocate, the test was performed on the baby, also Lynn's patient, not the biological mother. The fluid, the cells, the chromosomes all belong to the baby, not the biological mother. As the legal guardians, the adoptive parents have every right to that information. Of course, that logic trail has nothing to do with the law, so a call to an adoption lawyer is the best next step. William D. McIntosh, MD Clarksville, TN
> ----- Original Message ----- Your patient was the biological mother. The test was done on her. She is the owner of the medical information. It is her privacy that is at issue. I would not think you could divulge her medical information without her consent. The fact that the adoptive parents are now the baby's legal parents does not give them any rights to another person's records, even if that person is the biological mother. There may be a mechanism for adopted children by themselves or through their parents to access medical information relevant to them. That would probably be covered by specific laws that vary state by state. -----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net]On Behalf Of Lynn D. Montgomery, M.D. Sent: Thursday, June 26, 2003 3:33 PM To: Multiple recipients of list OB-GYN-L Subject: Legal question I need an opinion from the legal scholars out there. If I did testing on a fetus during the second trimester of a pregnancy that generated results and the fetus was adopted immediately following birth, are the adopting parents entitled to the results of the prenatal testing without the consent of the birth mother? Lynn Lynn D. Montgomery, M.D. Rocky Mountain Women's Health 2835 Fort Missoula Rd., Suite 303 Missoula, Montana, 59804 406-549-0978 fax 406-549-0987 e-mail: apgar10@montanadsl.net
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