Missouri Revised Statutes

Mo. Rev. Stat. § 431.061 (2026)

Consent to surgical or medical treatment, who may give, when

✓ current as of May 2026

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431.061. Consent to surgical or medical treatment, who may give, when. — 1. In addition to such other persons as may be so authorized and empowered, any one of the following persons if otherwise competent to contract, is authorized and empowered to consent, either orally or otherwise, to any surgical, medical, or other treatment or procedures, including immunizations, not prohibited by law:

(1) Any adult eighteen years of age or older for himself;

(2) Any parent for his minor child in his legal custody;

(3) Any minor who has been lawfully married and any minor parent or legal custodian of a child for himself, his child and any child in his legal custody;

(4) Any minor for himself in case of:

(a) Pregnancy, but excluding abortions;

(b) Venereal disease;

(5) Any adult standing in loco parentis, whether serving formally or not, for his minor charge in case of emergency as defined in section 431.063;

(6) Any guardian of the person for his ward;

(7) Any relative caregiver of a minor child as provided for under section 431.058.

2. The provisions of sections 431.061 and 431.063 shall be liberally construed, and all relationships set forth in subsection 1 of this section shall include the adoptive and step-relationship as well as the natural relationship and the relationship by the half blood as well as by the whole blood.

3. A consent by one person so authorized and empowered shall be sufficient notwithstanding that there are other persons so authorized and empowered or that such other persons shall refuse or decline to consent or shall protest against the proposed surgical, medical or other treatment or procedures.

4. Any person acting in good faith and not having been put on notice to the contrary shall be justified in relying on the representations of any person purporting to give such consent, including, but not limited to, his identity, his age, his marital status, and his relationship to any other person for whom the consent is purportedly given.

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(L. 1971 H.B. 73 § 1, A.L. 1977 S.B. 48, A.L. 2014 S.B. 532)

CROSS REFERENCES:

Consent to immunization may be delegated to relative caregivers, when, 431.058

Mandatory insurance coverage of immunizations, exceptions, 376.1215

(1985) Section 431.062, RSMo, requires that a parent must expressly agree to pay for any treatment provided under this section, or he is not liable for such payment. Missouri Osteopathic Foundation v. Ott, (A.) 702 S.W.2d 495.

Notes of Decisions

Cited in 6 cases, 1974–2011 · leading case: State v. Andrews, 329 S.W.3d 369 (Mo. 2011).

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State v. Andrews, 329 S.W.3d 369 (Mo. 2011). · cites it 4× “056 (regarding minors' capacity to enter into contracts); section 431.061 (must be 18 to consent to surgical or medical treatment); section 451.”

State Ex Rel. Simmons v. Roper, 112 S.W.3d 397 (Mo. 2003). · cites it 4× “133 (setting the minimum voting age at 18); section 431.061 (consent to surgical or medical treatment); section 431.”

Woods v. Wills, 400 F. Supp. 2d 1145 (E.D. Mo. 2005). · cites it 2× “In determining whether a minor has consented to a confinement, a court may consider whether the minor's parents consented on her behalf "because parents exercise authority over the custody, care, and management of their children, and may delegate that authority on behalf of…”

Missouri Osteopathic Found. v. Ott, 702 S.W.2d 495 (Mo. Ct. App. 1985). · cites it 13× “This controversy hinges on the language of §§ 431.061, RSMo 1978, and 431.062. The Hospital contends that the legislature did not intend to require the express consent of a parent to pay for medical treatment except in the case of pregnancy, venereal disease, drug or substance…”

In the Interest of W.M., 823 S.W.2d 128 (Mo. Ct. App. 1992). · cites it 3× “Section 431.061, RSMo 1986. His medical condition is presently in a state of remission and he is under treatment by a doctor who does not utilize blood transfusions to treat him.”

Wulff v. State Bd. of Reg. for Healing Arts, 380 F. Supp. 1137 (E.D. Mo. 1974). “Minor's consent legally binding, when Any person, under the age of twenty-one years, who is examined, treated, hospitalized or who receives medical or surgical treatment under sections 431.061 to 431.063 may give legal consent, and no person who administers such medical or…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.