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Emancipated Minors

Consent Exceptions for Minors

Some individuals under the age of 19 may qualify as an "Emancipated Minor".  The definition from 45 CFR 46 is: “Emancipated minor - A legal status conferred upon persons who have not yet attained the age of legal competency as defined by state law (for such purposes as consenting to medical care), but who are entitled to treatment as if they had by virtue of assuming adult responsibilities such as being self-supporting and not living at home, marriage, or procreation.”

Alabama State Law defines the age of majority as 19 years old.  A person may become "emancipated" before the age of majority by marrying, have borne a child or demonstrating full independence (i.e., not dependent on a parent for support).

An investigator contemplating using children as subjects should consult 45 CFR 46 Subpart D for specific requirements.   NOTE: Some college freshmen are under the age of 19 and are therefore "minors".  The University’s Legal Counsel has determined that college students under the age of 19 are not "Emancipated Minors" for purposes of participating as subjects in research.

 

Last updated: September 29, 2008 ; Maintained by Samford Office of Communication.
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