Consistency in Application of the Mature Minor Exception for Medical Procedures Could Strengthen Families

The mature minor doctrine has been used by courts nationwide to create an exception for certain medical procedures to be undertaken based on the consent of the minor, without the consent of his or her parents, if a judge determines that minor to be mature enough to make an informed decision in his or her best interests.

That doctrine, sadly, has only been applied in a widespread manor to the abortion decision. Jessica Simon, Regent Juris Doctor Candidate 2011, has researched this area of law, and her study of this doctrine has led to an excellent article and presentation. Her work concludes with a proposal for a better application of the doctrine to truly consider the maturity of the minor's decision in all aspects of medical decision making, not simply in it's application for abortion.

You can see her presentation article below: