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My Sister’s Keeper
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My Sisters Keeper
In Picoult’s (2005) My Sister's Keeper, the author narrates how Anna Fitzgerald, a 13-year old girl, initiated a suit against her parents for the claim of medical emancipation. In my state, Illinois, the law concerning the emancipation of minors has several regulatory features. For example, in order for a court to issue an order of medical emancipation, claimants must attain the age of majority which is 18 years (Reuter-Rice & Bolick, 2011). Moreover, the individuals bringing the suit before the court are required to prove that they have lawful means of generating income, have the capacity to manage their finances, and that they no longer wish to live with their parents. Undoubtedly, the courts are often faced with a complex challenge when settling these types of claims because the judges have to strike a balance between conflicting interests. In particular, the courts have to ensure that besides dispensing justice, the child's best interests are also protected and promoted.
Subsequently, if I were Judge DeSalvo, I would have dismissed Anna’s case in the first instance and on the basis of law. As an officer of the court, I am bound to uphold the rule of law. It would be a violation of the statute if I made an order allowing Anna to exercise the right to medical emancipation given the fact that she had not attained the legal majority age. As long as she continued living with her parents and had no capacity to sustain herself financially, she was bound to comply with all the reasonable and lawful decisions made by her parents on her behalf. I would also engage a children’s rights ombudsman and a special commission to investigate the case more deeply and make sure that Anna’s rights are indeed not violated. Since the presented dilemma is rather ethical, various parties have to be involved to arrive at the best possible decision.
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