When Rights Collide: Parents, Children, and Consent to Treatment

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Abstract
Parents have traditionally had the right to consent to health services for their children. In situations where the interests of the parents and their children differ, the rule has had unfortunate consequences and has left treatment professionals in a quandary. This article surveys the legal literature and identifies four major areas where the law permits treatment without parental consent: “mature” minors, “emancipated” minors, emergency situations, and court-ordered treatment. It concludes that given the broad and often vague nature of such exceptions, all parties would be better served by legally lowering the age of consent for medical and mental health services.

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