• Printable View
  1. Youth Law
  2. Youth Health Law

Youth Health Law

Topics on this page:

 

In Maryland, parents are responsible for their children's support, care, nurture, welfare and education. The Supreme Court of Maryland (formerly the Court of Appeals) has held that medical care is one of these parental responsibilities. Except as noted below, parents must give consent before a physician can give medical or surgical treatment to a minor.

Under Maryland law, a minor (anyone under 18 years of age) can consent to medical treatment under the following conditions.

  • You are married;
  • You have a child;
  • You have an emergency (i.e., when any delay in obtaining consent from someone else will harm your health);
  • You want specific treatment or advice about drug abuse, alcohol abuse, sexually transmitted diseases, pregnancy or contraception;
  • You need a physical exam for treatment of injuries from an alleged rape or sexual offense;
  • You need a physical exam to obtain evidence of an alleged rape or sexual offense; or
  • You need an initial medical screening and physical exam after being admitted into a detention center.

In an emergency situation, minors have the right to consent to medical treatment, if parents are unavailable. In those situations where a minor is permitted to consent to treatment, they can also choose the doctor who will provide the treatment. For a non-emergency situation, the parents should sign a legal document, called a Health Care Authorization, designating who has the right to make decisions regarding the minor child's health care.

In addition, a minor can consent to medical treatment under the following conditions:

  • You are married;
  • You have a child;
  • You want specific treatment or advice about drug abuse, alcohol abuse, sexually transmitted diseases, pregnancy or contraception;

Read the Law: Md. Code, Health-General § 20-102

 

Informal Kinship Care Consent

A relative who is providing you with living arrangements, care and custody due to serious family hardship may give consent for your medical care. This is known as "informal kinship care." Serious family hardship means your parent/guardian has died, has a serious illness, suffers from drug addiction, is incarcerated, has abandoned you or has been assigned to active military duty. In order for your relative to give consent to your medical treatment, the relative must meet both of the following criteria: (1) a court has not appointed a guardian for you or awarded custody of you to someone else, and (2) the relative verifies that "informal kinship care" exists between you and the relative.

This must be done in the form of a document called a "Consent for Health Care - Affidavit" (form DHR/SSA). You may obtain this form at your local Health Department or Department of Social Services. One copy must be given to the local Department of Human Resources (DHR), Social Services Administration, one copy to the health care provider, and one copy to the relative providing informal kinship care (caregiver). The caregiver must file an Affidavit annually with the Department of Human Resources, Social Services Administration for each year the child continues to live with the relative because of a serious family hardship.

For more information, visit the DHR page on Maryland Kinship Care Services.

Read the Law: Md. Code, Health-General § 20-105

 

Plastic Surgery (e.g., breast implants, liposuction)  

These are elective surgeries. Under Maryland law, you must have your parents' consent to have elective surgery performed.

 

Rape & Sexual Assault

If you are raped or sexually assaulted you can get treatment without parental consent. You should call 911 or go to the nearest hospital as soon as possible.

You can also call 1-800-656-HOPE(4673) or visit the RAINN Get Help page. The Maryland Coalition Against Sexual Assault (301-328-7023) is another helpful local resource.

 

Abortion, Adoption, Pregnancy, Contraception

Abortion:

If you are a minor and you are not married, the doctor may not perform an abortion unless your parent or guardian is notified first.  However, the doctor may perform an abortion without informing your parents under the following circumstances:

  • If you do not live with your parents/guardian or if the doctor's reasonable attempts to notify your parents/guardian have failed;
  • If notifying your parents/guardian might lead to physical or emotional abuse;
  • If, in the doctor's opinion, you are mature and capable of giving informed consent; or
  • If notifying your parents/guardian would not be in your best interest.

Ultimately, it is within the discretion of the doctor whether to perform the abortion without your parents' knowledge or consent. 

Read the Law: Md. Code, Health-General § 20-103

Adoption & Pregnancy

Can my parents force me to give up my baby for adoption?
No. You are considered an adult for purposes of consenting to medical treatment if you have a child. If you have questions about adoption, call 1-800-TO ADOPT or 1-800-862-3678 or see Planned Parenthood's information on adoption. Read more about the Maryland Children's Health Program (MCHP) and find the most recent income guidelines.

Where can I go to get prenatal or other health care if I cannot afford to go to a doctor?
You should contact your local health department to determine whether you are eligible for free or low-cost medical treatment. In July 1988, the Maryland General Assembly established the MCHP. MCHP uses federal and state funds to provide health care coverage to low-income children up to age 19 who are not eligible for Medicaid and whose income is at or below 200% of the federal poverty level. MCHP also uses federal and state funds to provide health care coverage to pregnant women of any age whose countable income is at or below 250% of the federal poverty level. 

Your local health department can provide you with more information on whether you qualify under the MCHP or other programs. You can also contact the Center for Maternal and Child Health's Maternal and Perinatal Health Program, which provides assistance to pregnant women seeking prenatal care, at 1-800-456-8900. 

Your local health department can provide you with more information on whether you qualify under the MCHP or other programs. You can find out more about the program at the Family Health Administration's Maternal and Perinatal Health Program website, which provides assistance to pregnant women seeking prenatal care. You can also call the toll free Maternal and Child Health Hotline at 1-800-456-8900.

Contraception/Prophylactics

Can I get birth control or buy condoms without my parents' knowledge or consent? If so, how?
Yes. You should contact your local health department for information on obtaining contraceptive devices (e.g., birth control pills, intrauterine devices, spermicides, diaphragms, subdermal contraceptives, etc.). Prophylactics (condoms) are sold over the counter and are available in most drug stores. You should also contact your local health department for information about the uses and functions of contraceptive devices, and any risks associated with them.

STDs

Can I see a doctor and get tested and/or treated for an STD without my parents' knowledge or consent?
Yes. A minor has the same capacity as an adult to consent to treatment for or advice about sexually transmitted diseases. You should contact your local health department for information about getting tested and/or treated for a sexually transmitted disease.

 

Injuries Caused by Parents/Child Abuse

If my parents abuse me and injure me, what should I do? Where can I go for treatment?
The first priority under these circumstances is to obtain treatment for your physical and/or mental health. If you have physical injuries, you should contact your local health department, as well as your local Child Protective Services department within the Department of Social Services.

You can also call 1-800-656-HOPE or 1-800-656-4673 to talk with someone about child abuse, rape or incest. There is also an Online Hotline. Of course, if your injuries are serious or you fear for your life, you should call 911.

 

Mental Health Issues

Can I get counseling or other therapy without my parents' knowledge or consent? If so, where can I go to get it? Do my parents have the right to see my records?
If you are 12 years of age or older, you have the same capacity as an adult to consent to consultation, diagnosis and treatment of a mental or emotional disorder by a physician, psychologist or a clinic. However, if your parent, guardian or custodian has given consent to consultation, diagnosis or treatment, you cannot refuse the consultation, diagnosis or treatment. Additionally, the health care provider may decide to inform your parent of some information related to the treatment.

Note that individuals under 16 may not consent to the use of prescription medications to treat a mental or emotional disorder

Read the Law: Md. Code, Health-General § 20-104

If I have thoughts about suicide, who can I talk to?
Call 1-800-Suicide or 1-800-784-2433 or visit the Maryland Suicide & Crisis Hotlines online. You can also call 911.

Can my parents admit me into a hospital or other mental health treatment program against my will?
Your parents/guardian can "involuntarily admit" you in a mental health institution for treatment provided you meet all of the following criteria:

  • You have a diagnosed mental disorder;
  • You need inpatient care or treatment;
  • You present a danger to the life or safety of yourself of someone else;
  • You are unable or unwilling to be admitted voluntarily; and
  • There is nothing less restrictive that can be done to protect you or someone else.

Read the Law: Md. Code, Health-General § 10-632

 

Health Records and Privacy

Your health records are private, except under certain conditions. Even if you object, physicians, psychologists or medical staff may provide your parents and their spouses, your guardians, or your custodians with information about your medical treatment. Your parents/guardian have the right to request and obtain your health records, except as they relate to abortion. Even without a minor's consent or over a minor's express objection, an attending physician, psychologist or member of the medical staff of a hospital or public clinic (under the advice or direction of the attending physician or psychologist) may give a parent, a parent's spouse, a guardian or a custodian information about treatment needed by or provided to a minor unless the treatment relates to abortion.

Read the Law: Md. Code, Health-General § 20-104

 

Tattoos, Body Piercing, and Blood Donation

Am I required to get my parents' consent to get a tattoo?
Yes.

Am I required to get my parents' consent to get a body piercing?
Yes.

Can I donate blood without my parents' consent?
If you are at least 17 years old, you may give blood to a program without the consent of a parent provided that the program is voluntary, does not pay money for the blood, and is approved by the American Association of Blood Banks or the American Red Cross.

 

Alcohol & Drugs

When can I drink?
If you want to purchase, drink or hold alcohol in Maryland, you have to be 21! Maryland does allow you to transport alcohol (for a lawful purpose) if your parents know and consent to it, or if you are doing it for your job. You still can't drink it though.

When can I smoke?
At age 21, feel free to light up. Until then, it is illegal to use or possess a tobacco product or rolling papers. You cannot receive coupons for cigarettes either. Clove cigarettes are also illegal in Maryland.

Read about the costs of smoking at the Maryland Attorney General's website.

What about marijuana or cannabis?

From January 1, 2023 to June 30, 2023, possession of small amounts of cannabis or cannabis products is still illegal and carries civil penalties. Starting July 1, 2023, possession and use of small amounts of cannabis and cannabis products will be legal for individuals over the age of 21. If a citation for possession is issued to a person younger than 21, the court must summon the person for trial and may order drug treatment.  Under the new law, marijuana is now referred to as cannabis. Learn more about Recreational Cannabis Use and Possession in Maryland.

Read the Law: Md. Code, Criminal Law § 5-601.1

Last Updated: Wed, 05/17/2023 - 9:52 am
Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland Thurgood Marshall State Law Library, 2023.”