Something new for parents to have conflict over: vaccination consent. The Covid-19 pandemic has opened discussion — among everyone, not just parents. That discussion is nowhere near ending. Still-married parents will have issues over getting children vaccinated but in the divorced co-parenting arena the dispute is bound to be even worse than the national discourse occurring today.

Emily C.A. Hull has a nice article in The Houston Lawyer July/August 2021 edition discussing this issue.¹ The right to make vaccination decisions is not in the Family Code list of rights and duties. Or is it?

Invasive?

Is a vaccination an invasive procedure? If not, then either parent in possession has the right to give vaccination consent. Ms. Hull has an in-depth discussion that is worthy of examination. Just yesterday I noted that in Facebook’s Texas Family Lawyers group the debate has begun. Is there guidance in the Family Code or cases thereunder? Are there CDC or Texas Dept of Health sources for guidance? The article has an extensive discussion on the invasive procedure question including citations to cases and consideration of various potential references useful in analyzing the question.

I also commend the Facebook group as there will be ongoing discussion. It may also be the first place to learn about decisions affecting the question.

Social impact

Whether and when to vaccinate a child (of appropriate age) is not a trivial decision. While important to the child and the family, it is now thought that even asymptomatic people (including children) can be infectious. As Ms. Hull mentions in her article:

Unlike a child with a simple cold, a COVID-positive child carries significant implications for each parent’s employment and social activities; the child’s ability to attend school, daycare, or summer camp; and the concern that vulnerable household members or members of the public have been exposed.

Vaccination consent in broader context

Vaccination consent for the child then is — or should be — an even broader discussion. In our all too much “it’s about me” society I fear the fodder for fussing is plentiful. In a mediation where vaccination is an issue, should the potential impact on society be part of the discussion? How is “best interest” judged in the context of not only the vaccination-for-my-child debate but in the societal context?