Healthcare privacy and consent laws regarding minors present a dilemma. Concerned parents fear healthcare intrusion from third parties, who have little familiarity with their unique children and may have conflicts of interest. Those third parties, whether due to suspicion of parental misconduct, belief in their superior expertise, or more nefarious reasons, want the authority to override the wishes of parents. 

Because these laws vary so much from state to state, parents have both the opportunity and the obligation to research those in their area. They need to be aware of what might happen without their blessing or knowledge and may feel prompted to promote legislative changes. 

Age Of Healthcare Consent

The age at which minors can consent to medical procedures without parental notification or permission is as low as 12. In Delaware, minors 12 years and older can receive care for sexual issues such as infectious diseases and pregnancy.

In some other states, young children can access more types of services on their own. In places such as Alabama, children 14 and older can privately make all medical decisions, from vaccinations to birth control and dental care. Even those under 14 can do so if they have ever been married or pregnant. 

Because Medicaid often pays for these services, parents do not even receive a bill. Hence, parents in these states need to realize their children can undergo healthcare procedures, receive diagnoses, and take pharmaceuticals, while they as guardians remain unaware. 

Conflicts Of Interest

Entities contributing to laws often benefit from those overriding parents, so parents need to keep this in mind when analyzing local laws. Healthcare associations are composed of professionals who make large amounts of money administering medication and surgical procedures. If parents can refuse on behalf of their children, medical providers lose business; if children can consent, providers have a larger available clientele. If they gain those clients young, they also have the chance to keep them into adulthood. 

Because children have far less experience than parents, they are far easier targets for procedures having drastic permanent consequences. Due to this generally recognized scientific fact, children under 18 cannot receive tattoos or even piercings in most states without parental consent. It should give parents pause, then, that numerous medical associations have been able to convince legislators parents need less involvement in more profoundly impactful decisions. Multiple causes probably play into this trend, but it is worth considering the healthcare industry spends almost $6 billion per year lobbying for its interests.

The American Academy of Pediatrics (AAP) has continually expressed concern about parental consent laws that  “do not reflect pediatric professional standards of care,” and it champions increased “pediatric assent or refusal.” To put it bluntly, it argues that both its professionals and the children they treat need more power over decision-making. The American Medical Association (AMA) and Planned Parenthood’s Guttmacher Institute have echoed these sentiments. 

Reasonable parents welcome the expertise of principled healthcare professionals, and noble healthcare professionals welcome the involvement of responsible parents. However, unethical healthcare professionals have an undeniable financial motive for circumventing parental authority. Numerous examples exist of these individuals abusing their trusted positions for personal gain. 

General Judging Criteria

Judging the wisdom of laws regarding children requires a cautious examination of whom they truly benefit. Lawmakers have some duty to protect children from dangerous home situations, so legal intervention may sometimes be warranted. But parents should make sure this power is restricted to cases in which the children are clearly in jeopardy, not those that further political ambitions or financial motives. As a general rule, loving parents need to ensure they have the final say in medical decisions.