Examples: law, child, reproduction, ...
 Genetic Testing and Screening 

 Human Genetic Research 

 Cloning 

 Stem Cells 

 Genomics and Population Health 

 Pharmacogenomics 

 Children and Genetic Research 

 Research Ethics Boards 

 Consent 

 Confidentiality 

 Genetic Discrimination 

 Insurance and Genetic Information 

 Employment and Genetic Information 

 Intellectual Property 

 Secondary Use of Genetic Data 


  Children and Genetic Research

 What distinguishes genetic research involving children from that involving adults?   
Genetic research involving children raises special ethical and legal issues that do not arise in the context of adults and genetic research. These are related to capacity to consent to participate in research, the evaluation of research risks and benefits, confidentiality, and the return of results. The issues surrounding the conservation and secondary use of genetic information (for example, through the creation of biobanks) as well as those concerning the familial implications of genetic information also apply to children.



 What conditions must be met for children’s participation in genetic research?   

Research involving children is important because children are not merely small adults; they are both physiologically and psychologically different. Disease expression and reaction to treatments are influenced by children’s developmental stages, such that research performed on adults may lead to little or no known health benefit for children. Moreover, many diseases only affect children. With these diseases, children’s involvement in research is an absolute necessity for understanding disease pathophysiology and for the development of new treatments.

However, because children are unable to consent to participate in research, specific conditions must apply to genetic research involving children. The four conditions that must be met are the following: 

  • The research could not be carried out in an adult population;
  • The research has a direct benefit for the child or for the health of other children belonging to the same group (i.e. with the same medical condition or in the same age group). In cases where the research does not directly benefit the child, it must not expose the child to undue risk or harm;
  • The child’s legal representative(s) have given free and informed consent to the child’s participation in the research;
  • To the extent that a child is able to understand the nature and consequences of the research, his/her views on participating (also called "assent") must be taken into consideration according to his/her age, degree of comprehension and level of maturity.



 What are the key international policy positions addressing the participation of children in genetic research?   



 What is the regulatory framework governing the participation of children in genetic research in Canada?   



 What is the regulatory framework governing the participation of children in genetic research in Quebec?   
  • The Civil Code of Quebec (Art. 21) states that “A minor who is incapable of giving consent may not be submitted to an experiment if the experiment involves serious risk to his health or, if he objects upon understanding the nature and consequences of the experiment.” It adds that a minor may only be submitted to an experiment if it has the potential to benefit his or her health or that of the group to which he or she belongs. Finally, the Civil Code states that consent must be sought from the person having parental authority or a legal representative.



What are the ethical and social issues surrounding children and genetic research?

  •  Consent to research   
  • In law, informed consent requires the ability to fully understand the nature of a research project as well as the consequences of participating in research. Because children’s decision-making capacity is less developed, they are considered legally incompetent to understand all the relevant aspects of participation in research required in order to provide their informed consent. Therefore, a child’s parent or legal guardian must provide consent for the child’s participation in research.



  •  Children’s assent/dissent to research   
  • Assent is an expression of a child’s willingness to participate in research. Dissent, on the other hand, is a child’s refusal to participate in a research project. Although children are not legally competent to consent to participate in research, it is generally recognized that respect for their evolving autonomy requires researchers to obtain their assent. To obtain assent from a child, the nature and the consequences of research should be communicated to him or her in a way that is adapted to the child’s language, comprehension, and maturity level. Some argue that a child’s dissent should override a parent or guardian’s consent to participate in research.



  •  Risks and benefits of research   
  • When recruiting children to participate in genetic research, researchers must ensure that the potential benefits and risks of the research are reasonably balanced. When direct benefits for the child participant may be expected from research, the risks must be justified in relation to these expected benefits for the individual participant. However, there is a limit to the risks that children can be subjected to in research: children may not be subjected to research that involves a serious risk to health.

    Research that does not hold the prospect of direct benefit for child research participants must hold prospect of benefits to persons in the same age category or having the same disease or handicap as participants. The risk to which the child may be exposed should be minimal or similar to the risk associated with his/her medical or psychological condition.




  •  Communication of results   
  • Research participants have the right to be informed of general research results. At times, they may also receive personal results. Where individual research results exist, those results are disclosed to the child’s parents or legal guardian, who then decide whether it is in the best interest of the child that he or she be informed as well. This decision is made based on the child’s age, development, and maturity level.



  •  Confidentiality   
  • The right to confidentiality of research, testing and screening results is exercised by their parents or legal guardians. Results are returned to the child’s parents.





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