THE MATURE MINOR DOCTRINE: THE ETHICAL DILEMMA OF RESPECTING ADOLESCENTS’ RIGHT TO REFUSE CARE

Abstract

The mature minor doctrine legally allows minors with the maturity of an adult to make decisions about their medical treatment, sometimes without the knowledge of their parent or guardian. However, the mature minor doctrine does not live up to its expectations; there are no guidelines for determining if a minor is mature or if the minor has the capacity to consent. The court system’s reluctance to allow minors to refuse treatment, the focus on stereotypical adolescent behavior, and the possibility of penalization of the family also serve as drawbacks to minors exercising their right to bodily autonomy through the mature minor doctrine. Standardization can solve these issues, revolutionizing the mature minor doctrine so that minors’ preferences about their care, particularly in the setting of life-threatening illness, can be honored.