.png/:/rs=h:104,cg:true,m/qt=q:95)
Parental Consent Laws in New Mexico: What You Should Know
General Rule: Parent or Guardian Consent Required
For most routine medical care, legal guardians must consent to treatment for minors under 18. This includes general medical appointments, procedures, and treatments—with specific exceptions noted below.
Exceptions Where Minors May Consent Independently
A. Emancipated or Married Minors, Military Service Members
Minors who are legally emancipated, married, or active-duty members of the armed forces can consent to all medical, surgical, mental health, and dental care—without needing parental consent, knowledge, or risk of liability for providers.
B. Minor Parents or Minors Living Separately
Unemancipated minors aged 14 or older who are either parents of a child or living apart from their parents (and meet capacity requirements) can consent to medically necessary health services. These include physical, behavioral, and mental healthcare essential for preventing or treating medical conditions, following accepted professional standards.
Services Minors Can Access Without Parental Consent - Regardless of Status
- Reproductive and Gender-Affirming Care: Laws enacted in 2023 (Reproductive & Gender-Affirming Health Care Freedom Act) explicitly protect these services—even for minors—without parental approval. Providers and public bodies cannot restrict access.
- Abortion: Parental consent is not required. A prior statute requiring consent was repealed in 2021, and the Attorney General previously ruled it unenforceable due to lack of judicial bypass provisions.
- Contraception and Family Planning: Minors may access contraception and other family planning services without parental involvement or barriers.
- STD Testing and Treatment: Minors—regardless of age—can consent to examination and treatment for sexually transmitted infections (STIs), with confidentiality protections in place.
Mental & Behavioral Health Services
- Under Age 14: Minors can consent to a one-time initial assessment or early intervention verbal therapy without parental consent, but only for up to two weeks.
- Age 14 and Up: Minors may consent to ongoing psychotherapy, counseling, case management, and psychotropic medications—though providers must notify parents or legal guardians for medication use. Minors also control access to their own mental health records.
Emergency Medical Care
In true emergencies, if parents cannot be located after reasonable efforts, another person standing in loco parentis (in place of a parent) may consent to treatment for the minor.
Key Takeaways for Parents
Parental Involvement
Parental involvement remains the default for most treatment—except certain reproductive, mental health, and emergency services.
Emancipated Minors
Minors aged 14+ living independently or as parents may legally consent to important healthcare without parental approval.
Dangerous Policies
Legislation since 2021–2023 has dramatically expanded minors’ rights to access gender-related and reproductive care without guardian consent.
Who's talking to your Kid?
Mental health services for teens are increasingly accessible, with limited parental rights to confidentiality.
Learn More About Medical Key Issues
Parental consent isn’t just a formality—it’s a safeguard. Yet in New Mexico, parents are often shut out of their child’s most serious medical decisions, from gender-related treatments to abortion procedures. These laws don’t just undermine family authority—they put children at greater risk.
Learn more about what’s happening by exploring our Key Issues on:
Because when it comes to your child’s health and future—My Kid. My Choice.
