Dutch Court Rules: Boy (12) May Decide Himself About Chemo Treatment

David (12) had a brain tumor that was removed in November 2016. The medical team advised that he would undergo chemotherapy to cure him permanently. However, the boy did not want to submit to this intrusive treatment. Like his mother, he put his faith in alternative treatments.

This venue was against the treatment plan of the medical staff at the Dutch Academic Medical Center (AMC). The medics estimate his survival chances at 50/50 without chemotherapy, and at 75% to 80% with chemotherapy. In the end, both parties ended up in court to decide on David’s faith.

The District Court of Alkmaar ruled that the boy is allowed to determine his own treatment. It overturned a previous court decision from December 2016 that ruled that David was incapable of making these kind of decisions by himself.

The ruling makes sense under Dutch law. From the age of 12, children are heard in custody cases to decide where to live. Children between 12 and 16 also decide (together with their parents) about medical treatments. Normally, their opinion takes precedent of that of their parents.

Do you agree? Or do you think the court was wrong?