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:

  • Laws that explicitly allow a minor to give informed consent to receive STD diagnosis and treatment, and/or prevention
  • Laws that explicitly allow a minor to give informed consent to HIV testing, treatment, and/or prophylaxis, including pre-exposure prophylaxis (PrEP), or
  • Laws that allow a minor to give informed consent to general health care, services, or procedures

As of 2020, 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.

Provider Reference Guide for Offering STI and HIV Services, including PrEP, to Minors without Parental/Guardian Consent
Age of Majority STD Diagnosis & Treatment (n=50) STD Prevention (n=13) HIV Testing (n=18) HIV Treatment (n=6) HIV Prophylaxis (n=3) General Health Care Services or Procedures, Not Specific to a Disease or Condition (n=12)
Alabama 19 ✔ (12 or older) ✔ (14 or older)
Alaska 18 ✔ *
Arizona 18
Arkansas 18
California 18 ✔ (12 or older) ✔ (12 or older) ✔ (12 or older)
Colorado 18
Connecticut 18
Delaware 18 ✔ (12 or older) ✔ (12 or older) ✔ (12 or older)
District of Columbia 18
Florida 18
Georgia 18
Hawaii 18 ✔ (14 or older)
Idaho 18 ✔ (14 or older)
Illinois 18 ✔ (12 or older) ✔ (12 or older)
Indiana 18
Iowa 18
Kansas 18 ✔ * (16 or older)
Kentucky 18
Louisiana 18
Maine 18
Maryland 18
Massachusetts 18
Michigan 18
Minnesota 18
Mississippi 21 ✔ * (18 or older)
Missouri 18
Montana 18
Nebraska 19
Nevada 18 ✔**
New Hampshire 18 ✔ (14 or older)
New Jersey 18 ✔ (13 or older) ✔ (13 or older)
New Mexico 18
New York 18 ✔ (13 or older)
North Carolina 18 ✔ *
North Dakota 18 ✔ (14 or older)
Ohio 18
Oklahoma 18
Oregon 18 ✔** (15 or older)
Pennsylvania 21 ✔ (18 or older)
Rhode Island 18 ✔ (16 or older)
South Carolina 18 ✔ (16 or older)
South Dakota 18
Tennessee 18
Texas 18
Utah 18
Vermont 18 ✔ (12 or older)
Virginia 18
Washington 18 ✔ (14 or older)
West Virginia 18
Wisconsin 18 ✔ (14 or older)
Wyoming 18

✔ 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, 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.