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Medical Emancipation of a Minor

Minors are individuals who are not yet a legal adults. Depending on the state the minor lives it, they could be either under the age of 16 or under the age of 18. Minors are held to a certain standard where they are not allowed to engage in certain activities. However, if a minor is emancipated, they can be allowed to do some of the activities that are reserved for adults.

Emancipation of a minor is where the individual is no longer restricted to the wishes of their parents and may make their own decisions regarding a variety of topics. One such topic relating to emancipation is the medical emancipation of a minor.

What is Medical Emancipation of a minor?

The medical emancipation of a minor allows the individual to make his or her own decisions regarding medical treatment. If a minor receives medical emancipation, they will be able to decide what treatment they receive, how often they receive it and from whom the treatment is obtained. Medical emancipation takes away the authority of the parents to be involved with medical matters relating to their children even if they are under the age of majority.

When is Medical Emancipation of a minor necessary?

Medical emancipation of a minor comes in handy in a wide variety of circumstances. Some issues regarding medical emancipation arise when the minor expresses different views regarding medical treatment than their parents do. Other times medical emancipation is necessary when the minor would like to handle their own medical issues and treatment without having to notify their parents of the circumstances surrounding the treatment.

How a Minor Can Obtain Medical Emancipation

There a few different ways that a minor can become medically emancipated. The procedure which one must follow to take advantage of medical emancipation will depend on their state of residence. Each state has certain laws and regulations defining the process of medical emancipation of a minor. Some states will allow the minor to consent to certain medical treatments without the consent and/or knowledge of their parents whereas others will require the minor to become legally emancipated from their parents in order to obtain medical emancipation.

If a minor can consent to certain medical treatments without consent of their parents, the minor may be able to simply sign forms at their doctor’s office regarding such medical treatment. However, if the state requires a legal emancipation, the minor will have to fill out the required forms at their local courthouse and follow the legal process.


No matter what state a minor lives in, there are options available to minors who wish to make their own medical decisions. By doing a little independent research, either online or by calling the local courthouse, the minor can determine the required procedure for medical emancipation.

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