I have provided some wording on a waiver of parental permission below. Sites can feel free to use or adapt the wording for their Institutional Review Board (IRB) proposals but should discuss with me any intention to use in future grant applications or publications. I frequently use similar wording in my proposals and papers. I have also shared some guidance from the Boston Children's Hospital's IRB on this matter — they have been a national leader on human subjects' concerns in research in children.
My language: We will not be obtaining written consent from the parent or legal guardian of recruited youth under the age of 18 years. This is in accordance with the federal regulations governing research (45 CFR 46), Section 116(d).1 These regulations allow a waiver of the parental permission requirement for informed consent when (a) the research involves no more than minimal risk, (b) the waiver would not adversely affect the rights and welfare of the participants, (c) the research could not practicably be carried out without a waiver, and (d) whenever appropriate, the participants will be provided with additional pertinent information after participation. Our proposed study meets all four of these criteria. Importantly, with regard to criterion (c), this significant and needed research could not be practicably conducted without a waiver of parental consent because we would not be able to ensure confidentiality around the adolescents' sexual activity and substance use if parental consent were required for adolescents ages 15 to 17 years. Lack of a waiver of parental consent would hinder recruitment, particularly of youth engaging in high-risk behaviors, and more importantly, have the potential to severely limit the generalizability of the findings. As stated in the Position Paper of the Society for Adolescent Medicine on Guidelines for Adolescent Health Research,2 “low response rates and sampling bias may be considered evidence of impracticability.”
In addition, the report and recommendations for research involving children of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research3 recognizes that parental permission is not a reasonable requirement when the research examines issues related to conditions for which adolescents may legally receive care without parental consent, such as reproductive health care. All states afford adolescents the right to consent to their own care around STIs, which is a right that is also protected by federal law. (2-14-11)
Boston Children's Hospital Committee on Clinical Investigation (CCI)
In accordance with DHHS regulations, the waiver of parental informed consent with reliance solely on the child/adolescent’s consent is permitted in two situations. The first situation is when research meets the criteria listed which includes the research (i) involves no more than minimal risk to the subjects; (ii) the waiver or alteration will not adversely affect the rights and welfare of the subjects; (iii) the research could not practicably be carried out without the waiver or alteration; and (iv) whenever appropriate, the subjects will be provided with additional pertinent information after participation. A second criteria which is not limited to minimal risk research is when it is unreasonable to obtain the parent’s permission (e.g., the research involves health care issues subject to confidentiality specific to an adolescent subject). This situation is common in areas of adolescent research that involve sexually transmitted diseases, birth control, high-risk behaviors and AIDS prevention. Parental permission is to be obtained whenever reasonable. However, in situations in which the investigator considers it unreasonable, the CCI is to carefully consider the investigator’s request and determine whether the waiver falls within the guidelines established by the Society of Adolescent Medicine and federal regulations. An additional waiver form is available as part of the protocol application should a waiver of parental permission be requested for this purpose. If the CCI determines that a research protocol is designed for conditions or for a subject population for which parental or guardian permission is not a reasonable requirement for protecting the subjects (e.g., neglected or abused children), it may waive the consent requirements, provided an appropriate mechanism is substituted to protect the children who will participate as subjects in the research, and provided that the waiver is not inconsistent with federal, state, or local law.
- Protection of Human Subjects. (Accessed Feb. 2, 2025, at https://www.hhs.gov/ohrp/regulations-and-policy/regulations/45-cfr-46/index.html.)
- Santelli JS, Smith Rogers A, Rosenfeld WD, et al. Guidelines for adolescent health research. A position paper of the Society for Adolescent Medicine. Journal of Adolescent Health 2003;33:396-409.
- The National Commission for the Protection Human Subjects of Biomedical and Behavioral Research. Report and Recommendations: Research Involving Children. Washington, DC: US Government Printing Office; 1977. Report No.: DHEW Pub. No. (OS) 77-0004.