Minors and Medical Consent

Generally speaking, a child under the age of majority (also called a minor), requires a parent or guardian to sign consent for medical treatment. There are a few scenarios in which this is not required.

1. Emancipated Minors

An emancipated minor is a youth who has been legally freed from their parent's custody and control prior to the state's declared age of majority. In cases where a minor is emancipated, parent's no longer hold any legal responsibility to the child.

Depending on the jurisdiction, a minor may be emancipated based on several different circumstances. Examples of these include military service, marriage, pregnancy, parenting, and financial independence. Be sure to check your own state's regulations around emancipated minors to better understand this.

2. Child Abuse and/or Neglect

While we would all like to believe that a parent considers their child's best interests when making medical-decisions, this sadly does not always hold true. In cases of child abuse and/or neglect, the court will appoint a guardian to consent to medical decisions for a youth.

3. Medical Emergencies

In cases where a child's life is in immediate danger, medical treatment may be administered without parental consent. When parents are unavailable to give consent during a medical emergency, providers may initiate treatment under what is called implied consent.

4. Sensitive Situations

In many states, there are laws that allow minors to consent to their own medical treatment in sensitive circumstances. These circumstances are usually ones in which a youth would not normally seek treatment because they are reluctant to disclose certain information to their parent or guardian. Examples of this include STD testing and treatment, birth control, and pregnancy.

While parental consent is often required, minors should be allowed to assent (agree) and be involved in medical decision-making when it is appropriate. Reasonable efforts to educate a minor should be documented when they do not agree to treatment. When you allow minors to provide assent, it gives them a sense of control over their bodies and surroundings. While minors may not always makes decisions that are in their best interests, their objections should be heard and addressed to the best of a parent and provider's ability. Medical decisions, when appropriate, should be a shared decision between a parent/guardian, youth, and medical provider.

#pediatrics #minorconsent #pedinurseconsulting #assent

This blog is intended as a general overview of information. Please check your state's specific laws on consent.