If You are a Minor Who Needs Medical Care Without Your Parents' Consent

Issue - Can Steve speak with a doctor at the local health clinic about his problem without his mother's
approval?

Answer - Steve can consent to advice or treatment about drug abuse. However, the doctors or
medical staff can notify his mother, even if Steve tells them not to.
(Md. Health - General Code Ann. § 20-102)  More on teen substance abuse.

Situation #2 - Contraception
Carla is a 16 year old who was just married three months ago. She wants to talk to a doctor about some ways to
prevent getting pregnant.

Issue - Can Carla speak to a doctor about using contraceptives without her dad's permission?

Answer - Carla can speak with a doctor regarding the use of contraceptives without her dad's approval
because, under Maryland law, her marriage makes her emancipated.
(Md. Health - General Code Ann. § 20-102(a)(1))

Issue - What if Carla was not married? Can a minor receive information or contraceptives?

Answer - If she is single, she could receive advice or treatment about contraceptives, as long as it does not involve sterilization. (Md. Health - General Code Ann. § 20-102(c)(5)). However, the doctor may share information about the visit with Carla's dad. (Md. Health - General Code Ann. § 20-102(f))

Situation #3 - Treatment for sexual assult
Julian, a 15 year old minor, hopes to join the swim team. However, he is afraid to take the physical exam for fear that the school doctor will find about the injuries resulting from the sexual act committed on him by his gym coach.

Issue - Can Julian have the other doctor treat his injuries without his parents consent?

Answer - Julian can pick a doctor and can consent to treatment. For an alleged rape or sexual offense. However, the doctor may notify his parents even though Julian objects.
(76 Op. Att'y Gen. 163 (May 23, 1991)).

Situation #4 - Abortion
Kim is a 16 year who found out that she is pregnant. Her boyfriend wants her to get an abortion before their parents find out.

Issue - Can Kim get the abortion without her parents finding out?

Answer - No. In Maryland the doctor is obligated by law to notify her parents before performing an
abortion (Md. Health - General Code Ann. § 20-103).

However, under certain circumstances, the doctor may not tell the parent. They are as follows:
" The minor does not live with the parent and the doctor has made reasonable, unsuccessful
attempts to contact the parents
" Telling the parents will result in physical or emotional abuse of the minor
" The doctor concludes that the minor is mature and capable of giving informed consent

Situation # 5 - Treatment Permission from a family member
Jill injured her leg while playing basketball. Jill's mother complained about her playing the sport and will ground her as a result of the injury. While her mother is at work, Jill decides to ask her aunt authorize for the doctor to treat Jill's injury.

Issue - Can Jill's aunt provide this consent?

Answer - No. In order for Jill's aunt to give consent, Jill must be living with her as a result of a serious
family hardship (Md. Health - General Code Ann. § 20-105).

Serious family hardship means the parent or guardian:

• has died, or
• has a serious illness, or
• suffers from drug addition, or
• is incarcerated, or
• has abandoned the minor, or
• has been assigned to active military duty.