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What is the age of majority?
A minor legally becomes an adult at 18 years old in California. Cal. Family Code § 6500.
While no statute specifically establishes an age at which a minor legally may consent to sexual activity, there are criminal penalties for consensual sexual activity with a minor who is under 18 years of age . See, e.g. Cal. Penal Code § 261.5 (prohibiting “unlawful sexual intercourse” with a minor under 18, not the spouse of
the perpetrator).
Generally, a parent or guardian must consent for health care on behalf of a minor. However, there are exceptions to this rule.
Upon application by a minor, a court may grant consent for medical or dental care for the minor if:
Cal. Family Code § 6911(a).
A parent, guardian, or related caregiver1 may authorize an adult into whose care a minor has been entrusted to consent to medical or dental care for the minor. The authorization must be in writing. Cal. Family Code § 6910.
A caregiver who is a relative2 and who completes a caregiver consent affidavit3 has the same rights to authorize medical, dental, and mental health care for the minor that are given to parents, except:
Cal. Family Code § 6550; Cal. Probate Code §§ 2353, 2356.
A non-related caregiver who completes a caregiver consent affidavit may consent to school-related medical care on behalf of a minor. School-related medical care means medical care required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations, and medical examinations conducted in schools for pupils. Cal. Family Code § 6550.
Minors satisfying the following conditions may consent for their own care:
An emancipated minor shall be considered an adult for the purpose of consent to medical, dental, or psychiatric care. Cal. Family Code § 7050(e)(1).
A minor is emancipated if:
Cal. Family Code §§ 7002.
A minor may consent for his or her medical or dental care if he or she meets the following three requirements:
Cal. Family Code § 6922(a).
Minors seeking services for the following conditions may consent for their own care as described below:
Minors of any age may consent for the performance of an abortion. American Academy of Pediatrics v. Lundgren, 16 Cal.4th 307, 383 (1997).
“A minor who is 12 years of age or older may consent to medical care and counseling relating to the diagnosis and treatment of a drug- or alcohol-related problem .” Cal . Family Code § 6929(b) . However, this statute does not authorize a minor to consent to replacement narcotic abuse treatment. Cal. Family Code § 6929(e).
Consent Note: State law allows a parent or guardian to consent to medical care and counseling for a drug- or alcohol-related problem of a minor when the minor does not consent to the care. Cal. Family Code § 6929(f).
Federal regulations establish special access rules for family planning services funded through Title X . Providers delivering services funded in full or in part with Title X monies must comply with the federal regulations.
Federal law requires that Title X funded services be available to all adolescents, regardless of their age, without the need for parental consent. 42 C.F.R. 59.5(a)(4). This regulation supersedes any state law to the contrary. Planned Parenthood Assoc. of Utah v. Matheson, 582 F. Supp. 1001, 1006 (D. Utah 1983); see Does 1-4 v. Utah Dept. of Health, 776 F.2d 253 (10th Cir. 1985); Doe v. Pickett, 480 F. Supp. 1218, 1220-1221 (D.W.Va. 1979).
Thus, minors of any age may consent to family planning services when those services are funded in full or in part by Title X monies. For family planning services not funded by Title X, state consent law applies.
A minor of any age may consent to medical care related to the prevention or treatment of pregnancy. This includes contraception. It does not allow a minor to consent to sterilization. Cal. Family Code § 6925.
To the extent that HIV/AIDS services are funded in full or in part by Title X, minors of any age may consent. See “Title X Family Planning” supra.
In other cases, state law applies. California state law provides that minors 12 and older are able to consent to HIV testing and treatment. Cal. Health & Safety Code § 121020; Cal. Family Code § 6926(a).
“A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Director of Health Services.” Cal. Family Code § 6926(a).
“A minor who is 12 years of age or older may consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, if both of the following requirements are satisfied:
Cal. Family Code § 6924(b).
This statute does not authorize a minor to consent to convulsive therapy, psychosurgery, or psychotropic drugs. Cal. Family Code § 6924(f).
A minor of any age may consent to medical care related to the prevention or treatment of pregnancy. This law does not allow a minor to consent to sterilization. Cal. Family Code § 6925.
For minors 12 years of age or older:
“A minor who is 12 years of age or older and who is alleged to have been raped may consent to medical care related to the diagnosis or treatment of the condition and the collection of medical evidence with regard to the alleged rape.” Cal. Family Code § 6927.
For minors less than 12 years of age:
“A minor who is alleged to have been sexually assaulted may consent to medical care related to the diagnosis and treatment of the condition, and the collection of medical evidence with regard to the alleged sexual assault.” Cal. Family Code § 6928(b).
“A minor of any age who is alleged to have been sexually assaulted may consent to medical care related to the diagnosis and treatment of the condition, and the collection of medical evidence with regard to the alleged sexual assault.” Cal. Family Code § 6928(b).
To the extent that STD services are funded in full or in part by Title X, minors of any age may consent. See “Title X Family Planning” supra.
In other cases, state law applies: “A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Director of Health Services.” Cal. Family Code § 6926(a).
“A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of a child without the consent of the child’s parent or guardian, but only for purposes of diagnosing the case as one of possible child abuse or neglect and determining the extent of the child abuse or neglect.” Cal. Penal Code § 11171.2(a).
In addition, “if a peace officer, in the course of an investigation of child abuse or neglect, has reasonable cause to believe that a child has been the victim of physical abuse, the officer may apply to a magistrate for an order directing that the victim be X-rayed without parental consent. Any X-ray taken pursuant to this subdivision shall be administered by a physician and surgeon or dentist or their agents.” Cal. Penal Code § 11171.5(a).
1. A related caregiver means a related caregiver who has signed a caregiver consent affidavit. See “Minor Living with Related Caregiver,” infra.
2. “Relative caregiver” includes: “spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.” Cal. Family Code § 6550.
3. A form prescribed by Cal. Family Code § 6552. See www.teenhealthrights.org for example.
4. A court will emancipate a minor if the minor meets the criteria set out in Family code section 7120 and the court determines that emancipation would not be contrary to the minor’s best interests. See Cal. Family Code §§ 7120,7122.
