Parental-Consent Statute Law and Legal Definition

Parental consent statute is a statute that requires a minor to obtain his or her parent's consent before receiving elective medical treatment, such as an abortion. In the absence of paternal consent, a physician or other medical professional will be guilty of committing battery upon a child when giving non emergency medical treatment. However, to pass constitutional muster, a parental-consent statute must include a judicial-bypass provision that allows a minor to circumvent the necessity of obtaining parental consent by obtaining judicial consent or allows a court to assume a parental role when the parent or guardian cannot or will not act on behalf of a minor.