Virginia · Child Medical Consent
Virginia Child Medical Consent Form
Virginia Code Section 54.1-2969 lists who may consent to the surgical or medical treatment of a minor, and it includes persons standing in loco parentis alongside conservators and custodians. The statute also builds in an emergency path: where a delay would be detrimental to recovery, no liability attaches to qualified emergency medical services personnel for lack of consent, though a minor aged 14 or older who is capable of consenting should be asked first. Separately, Virginia lets minors consent on their own to treatment for a defined set of conditions.
Virginia authorizes a person standing in loco parentis to consent to surgical or medical treatment of a minor, and a written consent form is the ordinary way a caregiver evidences that standing.
Governing law
Va. Code Section 54.1-2969
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Cites Va. Code Section 54.1-2969. Formatted for USPS Certified Mail. Instant PDF.
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Virginia Child Medical Consent FAQs
Who can consent to medical treatment for a minor in Virginia?▾
Va. Code Section 54.1-2969 names persons standing in loco parentis, conservators and custodians, along with judges for minors in court custody, local directors of social services, the Directors of Corrections and Juvenile Justice for committed minors, and principal executive officers of state institutions. A juvenile and domestic relations district court judge can consent where a parent cannot be reached promptly.
What happens in an emergency if no parent is reachable in Virginia?▾
Treatment can proceed. Where delay would be detrimental to the minor's recovery, Section 54.1-2969 shields qualified emergency medical services personnel from liability for lack of consent. A minor aged 14 or older who is capable of an informed consent should be asked first.
Can a Virginia minor consent to treatment without a parent?▾
For specific categories, yes. Virginia lets minors consent on their own to treatment for venereal disease, birth control, substance abuse treatment and mental health services. Outside those categories a parent or a person standing in loco parentis consents.
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