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The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. [1]
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 ...
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.
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.
'Free consent' is a cognate term in the International Covenant on Civil and Political Rights, adopted in 1966 by the United Nations, and intended to be in force by 23 March 1976. Article 7 of the covenant prohibits experiments conducted without the "free consent to medical or scientific experimentation" of the subject. [4]
This case involved a Missouri law that required consent from various parties before an abortion could be performed– written consent by the patient, spousal consent for married individuals, and parental consent for minors, specifically. The court ruled that the parental consent provision was unconstitutional due to its universal enforcement.
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