Legal Consent for Teens: What You Can and Can't Do Without a Parent

Legal consent isn't just about saying "yes" or "no" it's a large part of everyday decisions for teenagers. Whether you're heading to an appointment, navigating a relationship, or about to sign up for your first gym membership, legal consent is something you are dealing with more than you realize.

Understanding the concept of legal consent is crucial for teenagers and in this guide, we'll break down what consent means in the context of the law. Whether it's related to medical care, sexual activity, or contracts, we'll break down how your age and state laws affect your ability to give legal consent. Be informed about the legal consent laws for teens to protect yourself and make informed choices.

Medical Treatment:

Ex. You are 16 and want to purchase birth control without your parents' knowledge.

• In many states, teens under 18 commonly need a parent or guardian to consent for medical treatments.

• Some states allow minors 15 years or older to consent on their own for specific types of care (ex. sexual health, mental health, substance abuse treatments, etc.).

• Most states allow teenagers to STI test, receive birth control, and undergo pregnancy services without a parent's consent.

• Emergency care: In life-threatening situations, no consent is needed for a doctor to perform an action.

• In some states, teens can get medical treatment without parents if they are an emancipated minor or qualify under the mature minor doctrine.

Sexual Activity:

Ex. Two teenagers under the age of consent both agree to sexual activity.

• The age of consent varies by state, but usually falls within the range of 16 to 18 years old. The image below displays each individual state's age of consent:

• 

  If one or more people are below the age of consent in your state, any activity can be considered statutory rape, even of both of the parties agreed.

• If a person is intoxicated, high, or unconscious, they cannot legally consent to anything.

• Some states have "close in age" exceptions that allow teenagers that have a close age difference to engage in consensual activity even if one isn't at the proper age.

  • A few states accept the "close in age exception" are Colorado, Arizona, Florida, and Virginia.

  • A few states that don't accept the "close in age exception" are New York, California, Texas, and Washington.

Contracts:

Ex. Can a minor legally sign a contract or purchase a gym membership?

• In most states, minors under 18 years old cannot sign a legally binding contract. If a minor signs a contract, they will likely have an ability to void or cancel it, so that it is not legally enforceable.

• Certain contracts signed by minors can be enforced, such as essential needs (food, housing, etc.), employment agreements, and artistic services.

• If a teenager lies about their age when they sign a contract, some courts might hold them partially responsible and lead to limited protections for the said minor

• A parent/guardian will need to co-sign a legally binding contract, such as apps, gym memberships, etc.)

  
  

Key Definitions:

The age of consent refers to the minimum age at which it is legal for a person to agree to sexual intercourse. An emancipated minor is someone under the age of 18 who is legally independent from their parents, allowing them to assume adult responsibilities. A mature minor doctrine is a legal concept in which a minor- typically an older teen- is able to consent or refuse to medical treatment if they are considered mature enough to understand the risks and rewards of said procedure. Informed consent is when a medical professional explains all aspects of a procedure to a patient, so they understand all possible outcomes.

Remember, knowledge is power, and understanding the law can help you navigate the complexities of the legal system with confidence. Subscribe to get future teen law posts straight to your inbox. Stay informed and stay safe!