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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]
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.
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
consent of a court clerk or judge (sometimes the consent of a superior court judge, rather than a local judge, is required) consent of the parents or legal guardians of the minor; if one of the parties is pregnant, or if the minor has given birth to a child; if the minor is emancipated.
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.
The informed consent doctrine is generally implemented through good healthcare practice: pre-operation discussions with patients and the use of medical consent forms in hospitals. However, reliance on a signed form should not undermine the basis of the doctrine in giving the patient an opportunity to weigh and respond to the risk.