A stand-alone law to deal with teenage girls and children in state care who request abortions is to be introduced by the Government.

The Government has ruled out introducing any amendment to its current abortion legislation to acknowledge a distinction between women over the age of 18, who have the right to refuse or consent to medical treatment, and underage girls, for whom there are no clear laws governing issues of capacity and consent, The Irish Independent reports.

The capacity of underage girls to consent to medical treatment, including lawful termination of pregnancy, was raised by legal and health professionals during the Oireachtas committee hearings on the bill.

However, the Government has said it will introduce stand-alone legislation to address the issue of consent for minors.

Patients aged 16 years and over are entitled by law to give their own consent to surgical, medical or dental treatment.

But they do not have the right to refuse such treatments.

Where the patient is under the age of 16 years, parents will normally be asked to give their consent to medical treatment on the child’s behalf, but the law is even less clear where under-16s seek access to medical treatment without their parent’s knowledge or permission.

Dr Tony Holohan, Chief Medical Officer, said he recognised and appreciated the complexities regarding the issue of consent for underage girls in relation to the provisions of the bill.

“The complex issue of consent for minors for access to medical treatment, particularly those between the ages of 16 and 18, is not covered in the bill but is one which needs to be addressed separately and in consultation with the Department of Justice and the Department of Children and Youth Affairs,” said the Department of Health in a statement.

“The capacity of a young person – that is, someone under the age of 18 – and of a minor – that is, someone under the age of 16 – to consent to medical treatment in the absence of parental knowledge or consent needs to be addressed in legislation.”