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A child over 14 years old may be able to provide their own informed consent, independent of their parents. [13] The legal precedent is that as an emancipated minor they may consent to any medical procedure they see fit (E.g., Carter v. Cangello, 105 Cal App 3d 348, 164 Cal Rptr 361, 1980; Lacey v.
Guardians are typically involved in the consent of children, however a number of doctrines have developed that allow children to receive health treatments without parental consent. For example, emancipated minors may consent to medical treatment, and minors can also consent in an emergency. [12]
Parental consent laws (also known as parental involvement laws) [1] in some countries require that one or more parents consent to or be notified before their minor child [2] can legally engage in certain activities. Parental consent may refer to: A parent's right to give consent, or be informed, before their minor child undergoes medical ...
Many states also exempt specific groups of minors from parental consent, such as homeless youth, emancipated minors, minor parents, or married minors. [26] Further complicating matters is the interaction between state tort law, state contract law, and federal law, depending on if the clinic accepts federal funding under Title X or Medicaid .
The Montana Supreme Court struck down the Parental Consent for Abortion Act in 2024, ruling it violates a minor’s fundamental right to privacy under the state constitution by conditioning access ...
An emancipated minor does not simply acquire all rights of an adult; likewise, a child does not lack such rights merely because they are not emancipated. For example, in the US minors have some rights to consent to medical procedures without parental consent or emancipation, under the doctrine of the mature minor.