State Laws that Enable a Minor to Provide Informed Consent to Receive HIV and STD Services
A minor is a person who is under the legal age of full legal rights and responsibilities. CDC assessed the statutes and regulations (laws) addressing a minor’s legal right to provide informed consent to receive STD and/or HIV services without the consent, knowledge, or involvement of a parent or guardian, in each of the 50 states and the District of Columbia (jurisdictions). Jurisdictions have different types of laws, and the age at which the minor has the legal right to provide informed consent to receive STD or HIV services varies by jurisdiction. State laws can:
- Explicitly allow a minor to give informed consent to receive STD diagnosis and treatment, and/or prevention
- Explicitly allow a minor to give informed consent to HIV testing, treatment, and/or prophylaxis, including pre-exposure prophylaxis (PrEP), or
- Allow a minor to give informed consent to general health care, services, or procedures
As of 2022, all jurisdictions have laws that explicitly allow a minor of a particular age (as defined by each state) to give informed consent to receive STD diagnosis and treatment services. In some jurisdictions, a minor might be legally allowed to give informed consent to receive specific STD or HIV services, including PrEP, even if the law is silent on those disease-related services. For example, HIV services might be interpreted as being included under STD services, and prevention might be interpreted as being included under a broad definition of treatment or services.
The table below provides reference information (not legal advice or interpretations of the laws) for use by practitioners in providing clinical care to minors in each state.
|Jurisdiction||Age of Majority||STD Diagnosis & Treatment (n=50)||STD Prevention (n=14)||HIV Testing (n=18)||HIV Treatment (n=6)||HIV Prophylaxis (n=4)||General Health Care Services or Procedures, Not Specific to a Disease or Condition (n=12)|
|Alabama||19||✔ (12 or older)||✔ (14 or older)|
|California||18||✔ (12 or older)||✔ (12 or older)||✔ (12 or older)|
|Delaware||18||✔ (12 or older)||✔ (12 or older)||✔ (12 or older)|
|District of Columbia||18||✔||✔|
|Hawaii||18||✔ (14 or older)|
|Idaho||18||✔ (14 or older)||✔|
|Illinois||18||✔ (12 or older)||✔ (12 or older)|
|Kansas||18||✔||✔||✔ * (16 or older)|
|Mississippi||21||✔||✔ * (18 or older)|
|New Hampshire||18||✔ (14 or older)|
|New Jersey||18||✔||✔ (13 or older)||✔ (13 or older)|
|New York||18||✔||✔ (13 or older)|
|North Carolina||18||✔||✔||✔ *|
|North Dakota||18||✔ (14 or older)|
|Oregon||18||✔||✔** (15 or older)|
|Pennsylvania||21||✔||✔ (18 or older)|
|Rhode Island||18||✔||✔||✔||✔ (16 or older)|
|South Carolina||18||✔ (16 or older)|
|Vermont||18||✔ (12 or older)|
|Washington||18||✔ (14 or older)||✔|
|Wisconsin||18||✔||✔ (14 or older)|
n= Represents the number of states with a specific provision
Age of majority is the age at which a person is legally considered an adult with the full rights and responsibilities of an adult.
✔ State has provision
* If parents/guardians are not immediately available, cannot be contacted, or unwilling /refuse to consent
** Only for examination/diagnosis and treatment
If no age is listed for a provision, then there is no minimum age requirement for minors to access service.
The information presented here does not constitute legal advice and does not represent the legal views of the Centers for Disease Control and Prevention or the Department of Health and Human Services, nor is it a comprehensive analysis of all legal provisions relevant to HIV. This information is subject to change and does not contain measures implemented by counties, cities, or other localities. Use of any provision herein should be contemplated only in conjunction with advice from legal counsel.