Parents usually consent to medical treatment for their kids until they become legal adults at age 18. However, there are laws in place to provide some consent for children and teens that aren’t adult age. Teens aged 16 and older can usually legally consent to their medical treatment, with some exception. The law, in many places, considers some minors to be capable of making medical decisions if they display comprehension of the treatment/procedure.
Consent to Medical Treatment Considerations
- Age and maturity
- Specific medical advice
- Consequences and implications of treatment
- Risk to health
- Emotional impact
- Moral/family questions
In many cases, the Supreme Court can override a decision in favor of a child or their parent. Less severe cases increase a person’s likelihood of receiving treatment before the age of 18.
Underage Pregnancy
People under the age 16 attempting to terminate a pregnancy without parental consent require an order to grant termination by a Children’s Court Magistrate.
Minors can also consent to medical prevention or treatment of pregnancy. However, a minor cannot be sterilized without the consent of a parent or guardian. They also may not receive an abortion without the consent of a parent or guardian other than as described in Section 123450 of the Health and Safety Code.
Consent to Medical Treatment in the State of California
In the state of California, a minor can consent to medical treatment if the minor is:
- 15 years of age or older,
- living separate/apart from parents or guardian, regardless of separation duration,
- and the minor is managing their own financial affairs.
In this case, parents are not responsible for medical or dental care. A healthcare practitioner may also communicate with a parent/guardian about treatments and procedures without the minor’s consent.
In California, kids aged 12 + have been able to consent to certain medical treatment. Specific cases may include mental health services, contact with infectious disease, contagious disease, or communicable disease, treatment of sexually transmitted infections, or diagnosis or treatment for rape, among others.
Underage Transgender Treatment and Surgery
People under the age of 18 need parental support to apply for transgender treatment and surgery unless that person is an emancipated minor.
There are a variety of cases in which minors can consent to their own medical care. In each case, healthcare practitioners must knowledgeable of state and federal laws and are prepared to consider ethical components of each case.
Finally, in the case of a language barrier between patients, parents, and/or healthcare practitioners, informed consent can be achieved through a medical interpreter.
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