Can children be present during a VAD death?

Australia · 29 August 2026 · 7 min read · Reviewed by Dr Kane Treble

Children may be able to be present during a voluntary assisted dying (VAD) death, but this needs careful planning.

General information: This page gives general information for people in Australia. It cannot tell you exactly what will happen in one person's situation. If you have concerns about a symptom, medicine, treatment decision or change in someone's condition, contact their doctor, palliative care team, nurse or other treating health professional. VAD laws, forms and service pathways differ by state and territory, so confirm the current rules with the person's VAD practitioner or official VAD care navigator service.

Children may be able to be present during a voluntary assisted dying (VAD) death, but this needs careful planning. The person choosing VAD, the child's parent or guardian, and the VAD team should think about the child's age, maturity, wishes, relationship with the dying person, and what support will be available before, during and after the death.

This page is about children being present as family or loved ones. It is not about a child accessing VAD. Australian VAD laws are for adults. Children are not eligible to access VAD.

VAD is operating in Victoria, New South Wales, Queensland, Western Australia, South Australia, Tasmania and the Australian Capital Territory. News reports said the Northern Territory Parliament passed VAD laws on 27 August 2026, with implementation to follow. At 29 August 2026, an official operational commencement source for the Northern Territory was not verified for these pages, so the Northern Territory is treated here as not yet operational.

Start with the child's needs

Some children cope better when they can say goodbye and are included in honest, calm family conversations. Others may be frightened by being in the room at the time of death. There is no one right answer for every child.

A child should not be forced to attend. They should also not be shut out automatically if they are old enough to understand, want to be there, and can be supported. The decision should be made by the adults responsible for the child, with advice from the treating team where needed.

Use clear words. For example: "Grandad is very sick and is going to die. He has chosen a legal medical process called voluntary assisted dying. Medicine will help his body die. You can choose whether you want to be in the room, nearby, or say goodbye earlier."

Avoid vague words like "going to sleep" if they could make the child afraid of ordinary sleep.

Check the rules and the setting

The law may not ban children from being present as loved ones, but the setting may still have rules. Hospitals, hospices, aged care homes and disability accommodation services may need to manage space, privacy, staff roles and safety. Some facilities may not provide VAD services on site or may have special policies.

Practitioner administration may require an adult witness. A child should not be placed in a legal witness role. If a witness is needed, ask the VAD practitioner who can do that role.

For self-administration, some jurisdictions do not require a witness or health professional to be present. Even so, the adults should plan who will focus on the child. The main support person for the child should not also be the only person responsible for practical tasks after death.

What children might see

The usual expectation is that the person becomes sleepy, loses consciousness, and then dies. The timing can vary. Breathing may change. There may be colour changes, sounds, stillness, or a longer wait than expected.

Adults should not promise that the child will see nothing upsetting. A better explanation is: "The team expects the medicine to make her unconscious and then she will die. Sometimes bodies make sounds or breathing changes near death. If that happens, it does not always mean the person is awake or suffering, but it can be hard to see."

If the child is present, give them a way out. They can leave the room, sit outside, hold someone's hand, draw, listen to music, or say goodbye in another way. They should know leaving is allowed.

Who should support the child?

Choose one adult whose main job is to stay with the child. That adult should be someone the child trusts and who can leave the room with them if needed.

It may help to involve a social worker, counsellor, child life therapist, school counsellor, spiritual care worker, Aboriginal health worker, multicultural health worker, palliative care nurse or bereavement service. Ask the palliative care team or care navigator what is available locally.

After the death, children may ask direct questions, repeat the story, seem quiet, play as usual, become clingy, or show grief later. These reactions can all happen. Seek professional help if the child is very distressed, frightened, withdrawn, not sleeping, blaming themselves, or talking about wanting to die.

If adults disagree

Adults may disagree about whether a child should be present. Try to keep the discussion focused on the child's needs, not only on adult fears or beliefs about VAD.

Useful questions include:

Does the child want to be there?
Do they understand, in an age-appropriate way, that the person will die?
Who will support them during and after?
Can they leave at any time?
Is there a calmer way for them to say goodbye earlier?

If there is serious conflict, ask the treating team, social worker or care navigator for help. Do not put the child in the middle of adult disagreement.

When to get help now

Contact the VAD practitioner, palliative care team, GP, child mental health service or care navigator if a child is distressed, confused, being pressured, or showing signs they are not coping.

Call 000 if a child or adult is in immediate danger or there is an urgent safety concern.