ABSTRACT

This chapter explores the key legal principles, ethical frameworks and theories including the best interest principle in relation to decision-making for the babies and families. The fundamental legal perspective in relation to children and young people is that the best interests of the child must be paramount. Challenges and conflicts Strategies Conflict within the family Give honest and timely information. Nurses are in a focal position to be fully engaged in neonatal bioethical discussions and decisions about care, in conjunction with the parents and the multidisciplinary team. Legal issues as applicable to neonatal care including foetal and neonatal rights, limits of viability, consent and duty of care. The chapter considers related issues that present in modern neonatal practice such as the importance of family inclusion, consent, shared decision-making and, less commonly, tissue and organ donation. In neonatal care, personhood is not the only consideration regarding moral, legal and ethical thinking.