Chapter 14
What Is a “Mature Minor”?
243
reflecting its understanding that children mature at different rates and
that they may have the same capacity as adults with regard to certain
activities and decisions before they are eighteen years old. For example,
children may engage in certain adult activities before they become eigh-
teen. They may begin working part-time when they are fourteen; they
may obtain a driver’s license at sixteen; they may lease a safety deposit
box; and they may marry if they are sixteen years old (or at a younger
age if approved by a court). They may also make decisions regarding their
healthcare such as executing a durable power of attorney for healthcare,
consent to sterilization if they are married, and consent to medical treat-
ment for drug abuse.
…
The General Assembly has also decided that mi-
nors have the capacity to make decisions regarding sexual conduct and
its effects. For example, they may consent to sexual conduct if they are
over thirteen years old and if their partner is no more than four years
older than they are; they may obtain contraceptive advice and supplies;
they may consent to prenatal care; they may seek judicial consent for an
abortion; and they may surrender a child for adoption.
…
The General
Assembly has determined that minors are incompetent with regard to
relatively few activities. For example, minors cannot possess alcoholic
beverages or beer or tobacco products. They cannot obtain handgun per-
mits, and they cannot consent to ‘female genital mutilation
…
’” (statutory
references omitted).
8. Nelson (2005) concludes in relevant part: “These principles imply that
the threshold for assent should be fixed at fourteen years of age and a
dissent requirement should be adopted for all children in the context of
non-beneficial research.”
9. See Mehlman (undated) for a concise summary of case law including
reference to HIV/AIDS-related matters.
10. Relevant Supreme Court cases include
Haley v. Ohio
, 332 U.S. 597, 598-
601 (1948),
Gallegos v. Colorado
, 370 U.S., 49, 54-55 (1962),
Eddings v. Okla-
homa
, 455 U.S., 104, 115 (1982) and
Thompson v. Oklahoma
, 487, U.S., 815,
835 (1988). The court states in the latter that “[i]nexperience, less education,
and less intelligence make the teenager less able to evaluate the conse-
quences of his or her conduct while at the same time he or she is much
more motivated by mere emotion or peer pressure than an adult.”
11.
In the Matter of Anonymous, a minor
(905 So.2d 845; 2040267), Court of
Civil Appeals of Alabama, January 5, 2005.
12. For relevant law reviews, see, for example: House, 1998; Nemechek, 1998;
and Sichel, 1991.
13. Crossman, Powell, Principe, and Ceci, 2002, citing
Ellis v. Jessup
, 74 Ky.
403, 11 Bush 402.
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