Court applied the mature minor
doctrine to determine whether a seventeen
In states that lack relevant policy or case law, physicians may commonly provide medical care to a mature minor
without parental consent, particularly if the state allows minors to consent to related health services.
195) Under the mature minor
doctrine at common law, the court determines, as a matter of fact, whether the minor has sufficient cognitive capacity to consent to medical treatment, taking into consideration factors such as the minor's age, apparent age, evidence of responsible behavior (outside and inside the provider setting), and evidence of reasoned decision making.
The mature minor
is defined as being at least 14 years old, having the ability to understand risk and benefits, and having the ability to provide informed consent.
If C can show she is a mature minor
or an emancipated minor, she can then decide for herself.
Several other states recognize the mature minor
21) Mature minor
statutes, however, generally lack a gauge for determining "maturity", engraft a lower age limitation (usually 14 or 15) and limit adolescent decisional autonomy to consent to, rather than refuse, treatment.
A life and death context is quite different from the context the mature minor
principle came from.
Considering the psychological importance of privacy to minors, the heightened protection generally afforded to the sanctity of the home, and the societal benefits of preparing mature minors
to serve as trustees of their own rights, the State's interest in preserving parental authority does not provide a sufficiently compelling basis upon which to abrogate the right of a mature minor
to refuse State examination of his private space or property.
After the medical interview, her physician should be able to assess whether she is a mature minor
and intellectually able to understand the information presented to her.
17) The mature minor
rule is largely a judicial, rather than a statutory, doctrine "that extends the common law principle of self-determination to minors"; (18) however, some states have enacted mature minor
legislation in response to such court decisions.
State mature minor
statutes can be referred to for precedent.