Can A Minor Give Medical Consent?

In many legal systems, minors are not typically able to provide binding consent for medical treatments, as they are considered legally incapable of making decisions about their health without parental or guardian approval. However, in certain cases, minors can give consent themselves, particularly if they are considered mature enough to understand the medical implications or if they are involved in emergency situations.

Steps to Take/Content Body

Age of Consent

The legal age for giving medical consent varies by country and jurisdiction. In many places, minors under the age of 18 are not allowed to give medical consent without parental approval, though exceptions exist for certain circumstances.

Mature Minor Doctrine

Some jurisdictions follow the mature minor doctrine, which allows a minor to provide medical consent if they are deemed to be mature enough to understand the treatment and its risks. This often applies to minors over a certain age (e.g., 16 or 17 years old).

Emergency Situations

In cases of medical emergencies where a delay in treatment could harm the minor, doctors may proceed with necessary medical treatment even if parental consent cannot be immediately obtained. In these cases, the law prioritizes the minor's immediate health and safety.

Treatment for Specific Health Issues

Certain treatments, such as those related to sexual health (e.g., contraception, abortion, or STI treatment), mental health services, or substance abuse, may have different consent rules. Minors may be able to consent to these services without parental involvement in some areas.

Parental Consent and Assent

Even if a minor is capable of giving consent in some cases, parental consent is generally required for most non-emergency medical treatments. However, the minor’s assent (agreement) is typically sought, especially in cases where they are considered mature enough.

Legal Exceptions

Some jurisdictions may allow minors to consent to medical treatment if they are legally emancipated, married, or living independently from their parents.

Example

If a 16-year-old minor seeks treatment for a sexually transmitted infection (STI), in some states or countries, they may be allowed to give medical consent without involving their parents, due to laws that protect minors’ rights to sexual health services. However, if the minor requires surgery for a broken arm, parental consent would typically be needed.

In an emergency situation, such as a car accident, a minor might not need parental consent to receive life-saving medical treatment, as healthcare professionals prioritize immediate care over legal consent requirements.