This article examines the standards used for answering the question of whether minors should be allowed to donate bone marrow. Part II introduces the legal background and the standards currently used by courts. Part III explores the unsatisfactory nature of these standards. Part IV presents an empirical study that is intended to provide some help in understanding what might be a useful and respectful standard. Part V concludes the article with a discussion of two alternative revised standards grounded in the doctrines of substituted judgment and the best interests of the child.
Jennifer K. Robbennolt, Victoria Weisz, & Craig M. Lawson, Advancing the Rights of Children and Adolescents to Be Altruistic: Bone Marrow Donation by Minors, 9 J.L. & Health 213 (1994-1995)