Waiver of Consent Law & Legal Definition


Consent refers to the provision of approval or assent, particularly and especially after thoughtful consideration. Consent can be either express or implied. A waiver of consent relieves a person or organization required to obtain consent from actually getting that consent.

An example for waiver of consent can be found in a state law regarding an abortion facility or physician obtaining written consent of the parent or legal guardian of the minor prior to performing abortion on that minor. However, if the minor does not wish to seek the consent of the parents or legal guardian, the minor can petition the juvenile court for waiver of consent requirement.

The relevant section reads as follows:

Written consent required -- Petition for waiver.

(a) (1) No person shall perform an abortion on an unemancipated minor unless such person or such person's agent first obtains the written consent of one (1) parent or the legal guardian of the minor. The consent shall be signed. The person shall obtain some written documentation, other than the written consent itself, that purports to establish the relationship of the parent or guardian to the minor and the documentation, along with the signed consent, shall be retained by the person for a period of at least one (1) year. Failure of the person performing the abortion to obtain or retain the documentation and consent is a Class B misdemeanor, punishable only by a fine, unless the failure of the person performing the abortion to retain the required documentation was due to a bona fide, imminent medical emergency to the minor, in which case there is no violation.

(2) A person commits a Class A misdemeanor who impersonates the parent or legal guardian of an unemancipated minor for the purpose of circumventing the requirements of subdivision (a)(1).

(b) If neither a parent nor a legal guardian is available to the person performing the abortion or such person's agent, or the party from whom consent must be obtained pursuant to this section refuses to consent to the performance of an abortion, or the minor elects not to seek consent of the parent or legal guardian whose consent is required, then the minor may petition, on the minor's own behalf, or by next friend, the juvenile court of any county of this state for a waiver of the consent requirement of this section, pursuant to the procedures of § 37-10-304.