Re: Legal question
From: zygote@icsi.net
Fri Jun 27 16:37:37 2003
No. As stated permission is required. Redaction of the name can be done if the mother
is to remain anonymous.
On 26 Jun 2003 at 20:27, William McIntosh wrote:
>
> 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 -----
> From: Virginia San Miguel
> To: Multiple recipients of list OB-GYN-L
> Sent: Thursday, June 26, 2003 5:20 PM
> Subject: RE: Legal question
>
> 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
> toanother person'srecords, 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
>
Robert J. Carpenter, Jr., M.D.
St. Luke's Medical Tower # 2720
6624 Fannin, Houston, TX 77030
zygote@icsi.net 713-795-4600
FAX:713-795-4422
