Emancipated Minor

Abstract

This paper will cover what criteria is used by the court system to for a minor to be declared an Emancipated Minor along with what defines a Mature Minor and the effect this has regarding a minor's health care decisions.

Emancipated and Mature Minor

The term "Emancipated Minor" refers to teenagers not of legal age living outside of their parent's or guardian's control that have been legally granted emancipation by a judge provided they meet one or more of the required guidelines. The required guideline for the individuals is being self supporting, legally married, or serving in the armed forces. Being an emancipated minor does not give the individual every right as being an adult since there is still legal age restrictions for voting, purchasing alcohol and tobacco, and attending school. It does give the individual the same constitutional rights as an adult.

A mature minor is an individual under legal age but for health care reasons are considered mature enough to understand medical issues and recommendations by a physician then give informed consent based on the information given. In most states it is legal for a mature minor to seek medical treatment for them self in certain medical areas such as pregnancy, contraceptive services, std's, mental health, and substance abuse or addiction. There are no states that require the parent to be involved in any of the listed treatments but the laws can leave the decision to inform the parent or guardian up to the treating physician depending on what the physician feels is best for the minor being treated.

When it comes to a minor seeking an abortion most states require the involvement of at least one parent or guardian. If the minor does not wish to involve a parent or guardian they have the option of going to another state that the law differs or they can obtain approval from a judge, this process is called "judicial bypass" this is a legal order to obtain an abortion.

To sum it up minors can become legally emancipated to obtain most of the rights that are given to adults by meeting specific criteria and going through the legal process. Mature minors are those not of age but mature enough to understand a physician's recommendations and give consent for treatment based on the information they were given. Each state has specific laws and it is recommended for the health care worker to conform to the statutes in the state where they practice.