In American jurisprudence generally, the best interests of the child are often intertwined with familial and paternal interests, which is exemplified by Massachusettss mature minor doctrine.132 Instead, the standard for best interest of the child should focus primarily and perhaps solely on the child, especially when the child is experiencing profound physical suffering. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. Best interests of the child is a varying, paternalistic standard that complicates a minors access to certain medical treatment, including the refusal of medically accepted, lifesaving treatment. cheyennebatista. Similar factors appear in other early cases that helped shape the mature minor doctrine. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. Why we resist accountability; look at 2. Ann. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. I was engineered, born to save my sister's life." Connolly v. Bd. Because religious beliefs implicate a fundamental right that is enumerated in the First Amendment to the Constitution, it is understandable that these beliefs are capable of supporting a minors decision to refuse lifesaving treatment. After the procedure was successful and Anna ( Abigail Breslin) was born, the younger sister has served as the spare parts factory her older sister has needed along the way. Ct. 1999). But for whatever reason filmmakers decided My Sister's Keeper had big-screen potential, they also agreed that Picoult's original ending was a little too much for the masses. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. Legal Med. Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. For those concerned about the integrity of the story, however, it's difficult for a casual Picoult fan like myself to decide if the new ending really makes that dramatic of a difference, considering how truly sad the story is in the first place. Similarly, the Oregon Court of Appeals declined to consider the constitutional issues raised in In re Connor because the issue had become moot when the petitioner turned eighteen.58. What are the social issues in the movie or book My Sister's Keeper? What is the theme. In Cruzan v. Director, Missouri Department of Health,99 the Supreme Court recognized that the informed consent requirement in medical treatment was derived from the right to bodily integrity.100 Quoting Justice Cardozo in a decision he authored during his tenure on New York States highest court, the Court affirmed that a competent adult has a right to determine what shall be done with his own body, and an invasion of ones body without consent constitutes assault.101 Although the issue decided in Cruzan ultimately concerned the constitutionality of the clear and convincing evidence standard that Missouri required to prove that the patient would not have wanted to remain on life support, the Court declared that [i]t cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing lifesaving treatment.102 In his dissenting opinion, Justice Brennan stated that a State has no legitimate general interest in preserving life that could outweigh a persons decision to refuse lifesaving medical treatment,103 and that, in order for the State to have a legitimate interest, it must be established that the patient wishes to be treated.104, Minors rights to bodily integrity have been recognized in certain contexts but are generally less robust than adults rights. Children, however, are not merely an extension of their parents, and if the State is able to recognize that in certain contextssuch as in termination of parental rights proceedingsthen it should also apply in the context of medical decisions. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. from Signum University. 2004. Aug 8, 2009. Instead of focusing her creative energy on sweeping stories of long lost love la Nicholas Sparks, Picoult crafts twisty tearjerkers that revolve around dysfunctional families. Article Images Copyright , California - Do Not Sell My Personal Information. Director Nick Cassavetes has coaxed amazing performances from his first-rate cast, including Diaz, who surprises with the strength of her rage and melancholy as a mother determined not to see her child die. 457, 459 (1997). Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. She felt like she was responsible for Annas pain because as portrayed in the movie, Kate felt like she let her parents hurt her sister. . Download the entire My Sister's Keeper study guide as a printable PDF! . Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays Kate has realized that Anna has been sacrificing a lot for her. Cloud State University M.A. 357 (2006). Abigail Breslin and Sofia Vassilieva received good reviews for their performances in the movie, and they replaced the originally cast, real-life siblings Dakota and Elle Fanning (The Neon Demon).Dakota Fanning was set to play Kate, but dropped out . In jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. 26. from Franciscan University of Steubenville M.A. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). 34. Anna sued her parents for the right to her own body, for Kate and for herself. Sisters Empower. "my sister's keeper"). While the story itself is particularly bleak, there are a few nice cinematic touches that prevent My Sister's Keeper from being a total bummer. Next, Annas character changes dramatically after the car accident. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. In Cardwell v. Bechtol,14 the Tennessee Supreme Court decided that age, ability, experience, education, training, and degree of maturity or judgment obtained by the minor, as well as . Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. the conduct and demeanor of the minor at the time of the incident involved would determine whether a minor had the capacity to consent to medical treatment.15 Other states have adopted the doctrine by judicial decision or statute,16 although with slight variations.17 In some states, the criteria of the doctrine are more accommodating than others. In the past, several of Picoult's novels have been adapted for the small screen, namely for slightly cheesy Lifetime movies, and the subject matter has generally had "made for TV" written all over it. Determined to do whatever it takes to keep her daughter alive, she and her husband Brian (Jason Patric) don't have many options for treatment available. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. 94. There were many sleepless nights and tears. 101. Anna believes that her only role is to be a donor for Kate. And the film does well what many other dramas about . veronica_saldana. 705 N.E.2d 1155 (Mass. She had got acute promyelocytic leukemia. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. Well, until the doctor gives them a bit of controversial, off-the-record advice that could potentially make a significant differencehave another baby that's genetically engineered to perfectly match all of Kate's needs, whether it's for blood, bone marrow or even a kidney. Step 2) Discuss and explore central . But without hope of an afterlife spent with Jesus in heaven, struggling through a family member's terminal illness just becomes that much more hopeless without knowing the true Hope. 7 excellent Sister's Keeper qualities: 1. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. Needless to say, this doesn't go well with Sara, Anna's mother, who gets served court papers while waiting beside Kate in her hospital bed. 1. One of the earliest authoritative decisions using the mature minor analysis was Smith v. Seibly.7 In this case, the plaintiff had elected to undergo a vasectomy at eighteen years old, which at the time in Washington State law was in the age of minority.8 When the plaintiff reached the age of majority, he filed suit against the physician who had performed the procedure, claiming that he had been unable to consent to the surgery because of his age.9 The Washington Supreme Court held that the plaintiff was an emancipated minor at the time that he had given his consent to the surgery because, at eighteen years old, he was already married, the head of his household, and economically independent, and he had completed high school.10 The court had previously determined in Grannum v. Berard11 that a minors ability to consent to surgical procedures required case-by-case analysis,12 and it stated that age, intelligence, maturity, training, experience, economic independence or lack thereof, general conduct as an adult[,] and freedom from the control of parents13 were all factors that, when weighed together, would determine whether a minor was mature for the purpose of making medical decisions. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. Name a treatment Kate has, and tell me some of the side effects she has to deal with. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. 35. Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. My Sister's Keeper First, we have the moral issue surrounding Anna's birth. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. DVD Release Date: November 17, 2009Theatrical Release Date: June 26, 2009Rating: PG-13 (for mature thematic content, some disturbing images, sensuality, language and brief teen drinking)Genre: DramaRun Time: 109 min.Director: Nick CassavetesActors: Cameron Diaz, Abigail Breslin, Jason Patric, Sofia Vassilieva, Heather Wahlquist, Evan Ellingson, Alec Baldwin, Thomas Dekker. But their family is rocked by sudden, heartbreaking news that forces them to make a difficult and unorthodox choice in order to save their baby girl's life. Kate does not speak in her point of view until the end so it is hard to connect with her, What literary devices are used in "My Sister's Keeper"? Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia, in order to keep her alive. (quoting Schloendorff v. Socy of N.Y. 28. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. It's time to renew your membership and keep access to free CLE, valuable publications and more. A minors beliefs and convictions should be at the forefront of the best interests of the child standard, regardless of whether these beliefs are religious or not. It is not the first time that Belgium had considered legalizing the voluntary euthanasia of minors; in fact, when the Euthanasia Act of 2002 was first proposed, minors were included in the bill but were later removed to ease opposition.117 The original act defines euthanasia as intentionally terminating life by someone other than the person concerned, at the latters request.118 While voluntariness is a crucial element in both acts,119 the new legislation extending this right to minors differs significantly from the 2002 Act. The novel, My Sisters Keeper, is a story which follows a young girl through her life struggles as she tries to help her sister, enjoy her own life, and fight her mother for a right to her own body. 2023 eNotes.com, Inc. All Rights Reserved. The film My Sister's Keeper, based on a 2004 bestselling novel by Jodi Picoult, presents an extreme example of in vitro fertilization and genetic selection technology to confront the moral and social issues with these reproductive tools. See id. Work Licensure, 791 A.2d 125, 128 n.4 (Me. Casey, 505 U.S. at 857. Id. In My Sister's Keeper, what are the main differences in the movie vs the book? Eur. My Sister's Keeper was a drama film released in 2009, which touched numerous amounts of ethical issues that caused a dilemma between the family and their kids. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. Sara watches them flirt and feels happy that her daughter likes a boy. Therefore, she wants to sue her parents for rights of her own body. Even in those jurisdictions that employ the mature minor doctrine, minors have the burden of proving their maturity using standards that are sometimes paradoxical and often circular in logic. 705 N.E.2d 1155 (Mass. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). Kaye had gotten to the point where she couldnt cope physically. Under the Belgian law, a psychologist must determine the minors capacity to make an end-of-life decision, while in the Netherlands, capacity seems to be presumed in minors that reach certain ages and is therefore more akin to the common law rule of sevens.135. Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. Communicative Competence 1 Linguistic 2 3 4. Jodi Picoult. 1981). My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. and Mrs. Samuel D. Riddle have recalled fthjlr Invitations to a. dinner at the RlU-Carlton Itetore the Bal Masque owing to the death of Mfv . These criteria may include a requirement, such as the one in the Netherlands, that minors under the age of sixteen have the approval of their parents to refuse the treatment. 4. tracyt. My Sister's Keeper Multiple Choice Test Questions. The shaking. 2d 548, 553 (Fla. Dist. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. Instances where moral values would be in conflict would be when the parents must ask themselves, does it make them bad parents to use one child to save another? 2. In this scenario what would be the subsequent possibility? Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. Eventually Kaye was not able to continue providing the care her mother required. However I do not think she meant for Anna to be at the mercy of her sister. The recipient of the 2003 New England Book Award for her entire body of work, she is the author of twenty-seven novels, including the #1 New York Times bestsellers House Rules, Handle With Care, Change of Heart, and My Sister's Keeper, for which she received the American Library . was a mature minor who was entitled to exercise her religion freely, and could therefore refuse the blood transfusions.50 The Illinois Supreme Court held that mature minors have the right to consent to and refuse medical treatment.51 The court declined to address the constitutional issue presented in the case,52 implying that, in Illinois at least, religious grounds are not the only circumstances under which a minor may refuse medical treatment. Accessed 1 Mar. In Massachusetts, a determination of a minors maturity is also influenced by the minors ability to demonstrate that he or she is capable of giving informed consent to the procedure.34 This legal standard also exists in Arkansas, Idaho, Illinois, Kansas, Maine, Nevada, Tennessee, and West Virginia.35 Generally speaking, consent is considered informed if the patient demonstrates the capacity to make decisions; if he or she is provided with adequate information so that a reasonable person in the same position would be able to make an informed decision; if an appropriate amount of information is disclosed to the patient; and if the patients decision was made without the influence of fraud, coercion, or duress.36 Minor-patients, however, do not have the same rights to informed consent when they are under the care and custody of their parents.37 This is justified not only as existing under the umbrella of parental rights, but also because the law presumes that parents always act in their childs best interests, that children are incapable of making their own medical decisions, and that parents have the capacity and maturity to make difficult decisions, and also because parents tend to bear the burden of medical treatment costs.38 A minor-patient must rebut these presumptions in order to demonstrate that he or she is capable of rendering informed consent. Minors rights over their bodies should not be contingent on their age. 36. She wanted to find her sister because thats the only family she has. Reproductive rights have been imperative to the formation of the mature minor doctrine. 19. My teeth are chattering I try to tell her but my jaw and teeth are chattering so much, I cant make the words. (Frank 26) The day after the car accident, Anna learns that Ellen passed out after the were hit, and this resulted in her having a collapsed lung, some cracked ribs, and a broken leg. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Yes, it's possible: in vitro fertilization assured a perfect match. Kate goes on a date with Taylor. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. . One of the main moral dilemmas in "My Sister's Keeper" by Jodi Picoult is how parents should balance the needs of their children. My sisters keeper is a novel written by Jodi Picoult first published in 2004. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. See supra note 42 and accompanying text. In re Doe, 973 So. Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. Genesis 4:8. 20. Anna, on the other hand, desires her medical freedom. Coleman & Rosoff, supra note 17, at 79091 tbl.1. In Florida, the court uses the following factors to determine whether notifying a parent that his or her minor child is seeking an abortion is in her best interests: the minors emotional or physical needs; the possibility of intimidation, other emotional injury, or physical danger to the minor; the stability of the minors home and the possibility that notification would cause serious and lasting harm to the family structure; the relationship between the parents and the minor and the effect of notification on that relationship; and the possibility that notification may lead the parents to withdraw emotional and financial support from the minor.25. Anna would constantly give blood to Kate in order to save her life. 122. What is the moral lesson of the story two brother? This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. Parl. Movies. Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. 135. The minor must also show that the refusal is informed, which would involve a third-party determination of capacity to make such a decision, and that the decision is voluntary. In Alabama, for example, any person aged fourteen and over has the authority to consent to medical procedures.18 In Delaware, any minor may lawfully consent to certain medical treatments if reasonable efforts were made to first obtain consent from the parents.19 For some states that provide the mature minor doctrine by judicial decision, the minor must meet certain criteria to prove that he or she can provide informed consent to the procedure, and sometimes it must be determined that the medical procedure would be the in the minors best interests.20. Id. Sure, the time-honored truth about the frailty of life certainly springs to mind. TV Shows. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. 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