Parents and their teenage children often have questions concerning their rights to consent, or refuse to consent, to medical care for a child. The parent(s) or guardian of a minor child (that is, anyone under the age of eighteen years) is generally required to give informed consent for most medical decisions on behalf of that child. However, there are exceptions, and there are certain types of medical care for which minors may themselves consent. The following discusses who may consent to medical care for a minor child. The first section covers the laws which allow minors to consent to their own medical care. The second section discusses the laws which allow parents, including divorced parents and foster parents, guardians and others to consent to medical care for minors.

Laws Authorizing Minors to Consent to Treatment

Minors authorized to consent because of their status

There are two types of laws which authorize minors to consent to medical treatment. First, there are laws which authorize minors who have attained a certain status to consent to virtually all types of health care except certain irreversible and highly invasive procedures such as psychosurgery. Minors authorized to give legal consent to medical treatment under these laws include:

1. Married (or divorced) minors (Family Code §§7002 and 7050(e)(1)).

2. Minors on active duty with the U.S. Armed Forces (Family Code §§7002 and 7050(e)(1)).

3. Minors emancipated by a court order (Family Code §7120).

4. Self-sufficient minors (minors fifteen years or older living away from home and managing their own financial affairs) (Family Code §6922). These minors will generally be asked to complete a form which provides information demonstrating that they fall within the statute.

Types of treatment to which minors can consent<