The patria potestas over unemancipated children belongs to both parents, jointly, and in case of emergency may be exercised solely by the parent having the guardianship of the minor at the time of such emergency.
Every public or private hospital shall accept the consent of either one of the parents with patria potestas over their unemancipated children in case of emergency medical treatment and surgery recommended by an authorized physician. The Secretary of Health shall establish the administrative procedures needed to comply with such provisions.
The patria potestas shall belong to only one of the parents when:
(1) the other has died, is absent or is legally incapacitated;
(2) only one has recognized or adopted the child.
History —Civil Code, 1930, § 152; June 2, 1976, No. 99, p. 295; May 27, 1980, No. 1, p. 865.