Legal Reference Blog by Renee C. Walsh, Attorney

16/04: Medical Treatment of Pregnant Minor

Question:

Hello, I have a very urgent question that I need answered as soon as possible. If a 17 year old is pregnant, and decides to move away from her parents, what can she do about doctor appointments? My sister is pregnant and 17, and moved away from our parents. I am 19 and unfamiliar with this. She needs to know whether a parent must be with her at the hospital to sign releases and what not. She is so confused. She needs to have regular check-ups just in case something goes wrong. She is on Medicaid. Does a hospital consider her a minor that needs a parent signature? Do you know if they can refuse her because she is only 17? Please write back, this is very urgent. Thank you.

Response:

Effective June 25, 1984, Article 9 of the Public Health Code provides for the consent of a minor to the provision of health care. The Article regards Supportive Personal Health Services and its General Provisions are found in Part 91. Specifically codified at MCL 333.9132, the law provides that a minor may consent to the provision of health care, but the health care provider may, for medical reasons, notify the minor's parent/guardian, spouse or the putative father. "Health care" means treatment or services intended to maintain the life and improve the health of both the minor and the minor's child or fetus.

According to MCL 333.9132, if a minor consents to the provision of prenatal and pregnancy related health care or to the provision of health care for a child of the minor by a health facility or a health professional, the consent shall be valid and binding as if the minor had achieved the age of majority. The consent will not later be subject to disaffirmance because of minority. Neither the minor consenting nor the professional or facility providing the health care need the consent of any other person, including the putative father of the child or a spouse, parent, guardian, or person in loco parentis (acting as parent) to authorize the provision of health care to a minor or to a child of a minor.

Note well however, that for medical reasons, the health provider may, even despite the minor's objection or refusal, inform the putative father of the child or the spouse, parent, guardian, or person in loco parentis (acting as parent) as to the health care given or needed. The procedure for this requires that before providing health care to a minor, the health facility/professional has to inform the minor that the putative father of the child or the minor's spouse, parent, guardian, or person in loco parentis (acting as parent) may be notified for medical reasons. At the initial visit, the health care provider must request of the minor to make such contact for additional medical information which may be necessary or helpful to the provision of proper health care.

Therefore, in direct response to your question, the hospital does not consider her a minor that needs a parent signature and they should not refuse her because she is only 17. If you are there with her to establish a rapport with the physician and to register her in advance at the hospital at which she will deliver the baby, then you should avoid any issues as the physician and hospital will see that an adult family member is involved and that she has a support system in place.