Youth Who Can Consent to Their Own Health Care

Under New York law, if you are in one of the following groups, you are able to legally consent to all, or much, of your own health care:

Pregnant Minors

If you are pregnant, you can consent to any medical, dental, health, and hospital services you get during pregnancy.

Married Minors

If you are or have been married, you may consent to your own medical, dental, health, and hospital care without the consent of any other person.

Minors Who Are Parents

If you are a parent, you may make all decisions relating to all health care services for yourself and for your children.

Homeless Minors

A homeless youth is “a person under the age of eighteen who is in need of services and is without a place of shelter where supervision and care are available.” Starting on March 23, 2023, minors who are homeless may consent to their own medical, dental, health, and hospital care without the consent of any other person. No documents are required to access care; the minor’s stating that they are homeless is enough. Additionally, a minor stating to the healthcare provider that they are experiencing homelessness is not a reason for that provider to automatically make a mandated report for abuse or neglect.

If you are a homeless minor who is receiving services at an approved runaway and homeless youth crisis services program or a transitional independent living support program, you may also consent to your own medical, dental, health, and hospital care without the consent of any other person, but receiving services is not a requirement to consent to care.

Runaway Minors

A runaway youth is “a person under the age of eighteen who is absent from his or her legal residence without the consent of his or her parent, legal guardian or custodian.”

In practice, runaway minors’ experiences are often similar to homeless minors’ experiences. According to homeless and runaway youth service providers, these young people often feel unsafe returning home, or their parents tell them they are unwelcome at home even as the parents tell the runaway and homeless youth crisis services programs that they can come home. Starting on March 23, 2023, runaway minors who receive services at an approved runaway and homeless youth crisis services program may consent to their own medical, dental, health, and hospital care without the consent of any other person. No document is required to access care. If you are a runaway youth, you telling the healthcare provider that you receive services at an approved runaway and homeless youth crisis service program is enough.  Additionally, a minor stating to the healthcare provider that they are a runaway youth is not a reason for that provider to automatically make a mandated report for abuse or neglect.

Emancipated Minors

Emancipation occurs when you are under the age of 21 and:

• Living apart from your parents or guardians and are managing your own money (economic independence); or
• Entering into military service; or
• Are married (or were married); or
• Withdrawing, without cause, from parental supervision and control.

When you are married or serving in the military, New York State law makes clear that you are emancipated and may consent to health services on your own.

If you have attained economic independence or emancipation in some other form, however, a health care provider may require proof of emancipation.

In these circumstances, youth legal services organizations, such as The Door (https://www.door.org), can assist you in preparing letters of emancipation that state that you are living apart from your parents and are supporting yourself. It is still up to the health care provider to decide whether or not to treat you based on that letter.