Adolescent Consent

Abstract

State law generally controls whether parental consent is required for minors who may want to make their own health care decisions—including vaccination (English et al., J Adolesc Health 53:550–551, 2013.). This means that in many states, teenagers under the age of 18 cannot decide for themselves about whether or not to get vaccinated against diseases like diphtheria, measles, polio, or COVID. Lower vaccination rates put unvaccinated individuals and others in their communities at risk (Weithorn and Reiss, Conn Law Rev 52:771, 2020.).

One proposal to address this issue is to create a limited exception to parental decision-making authority by permitting certain older minors to legally consent to approved vaccinations, and protecting the confidentiality of minors who request vaccination without parental consent. The law allows similar exceptions for minors to make healthcare and treatment decisions independent of parental consent in other contexts. This chapter explores the issues related to adolescent consent to vaccination. We provide a brief overview of the legal landscape of health care decision authority for minors. We then discuss related issues and considerations. Next, we suggest a legislative solution for adolescent consent. Finally, we conclude that minors and the state have compelling interests for reform to vaccination consent laws.