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The law authorizes parent(s) or guardian(s) of a minor (anyone under the age of 18) to give informed consent for most medical decisions on behalf of the child. Claims by parents alleging treatment of a minor patient without the consent of the parent are relatively rare.
A new law in Maryland will allow minors as young as 12-years-old to seek mental and emotional healthcare without their parent or guardians' consent.
All parents are legal guardians of their child(ren) till the child attains 18 years of age. After that parents are no longer the legal guardians. This means that they cannot take any legal decision(s) on behalf of their child, or legally represent their child.
Parental Knowledge or Consent Except as noted below, parents must give consent before a physician can give medical or surgical treatment to a minor. Under Maryland law, a minor (anyone under 18 years of age) can consent to medical treatment under the following conditions.
Like adults, young people (aged 16 or 17) are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
The parent may face child abuse, child neglect, and assault charges for failing to provide the necessary medical care for their child. A conviction on these criminal charges could mean penalties like time in prison, fines, and mandated parenting classes.
What Types of Care Can You Receive Without Parental Consent?Contraception (Birth Control) Emergency Contraception.Abortion. Sexually Transmitted Infections.Consent for Vaccinations.Prenatal Care, Labor, and Delivery Services.Mental Health Counseling and Services.Inpatient Treatment.Transgender-Related Health Care.
§ 20-104. 1) A minor who is 16 years old or older has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a physician, psychologist, or a clinic.
Parents cannot override the competent consent of a young person to treatment that you consider is in their best interests. But you can rely on parental consent when a child lacks the capacity to consent.
However, there are situations where doctors can disagree with a parent's decision if a child is in a severe medical dilemma. The parens patriae doctrine gives the state the right to intervene with a parent's decision when it's believed they are not acting in the best interest for the child's well-being.