The Laws Regarding Parents' Consent for Photos at a Photo Studio

Protect yourself when photographing minors by obtaining parental consent.

If you own or operate a photography studio, you will no doubt be placed in the situation of photographing a minor. State and federal laws treat minors differently than adults. Be sure you understand the laws concerning this and prepare yourself with the appropriate forms and contracts before you begin your photo shoot.

Legal Age of Majority

The legal age of majority in most states is 18.

In many states, the legal age of majority is 18, but in some states it can be as high as 21. Check the laws in your state to determine the limit that applies to your business. Legally, minors cannot consent for themselves to being photographed. If you are photographing a legal minor in your studio, protect yourself by having the parent or legal guardian, as well as the minor, sign a photo release prior to taking any photos.

Invasion of Privacy

Permission should be obtained prior to photographing anyone in your studio.

Photographing someone without their permission can be construed as an invasion of that person's privacy under the law. Because of this, nearly all professional photographers use model release forms when photographing people in their studio. The model release serves as legal proof that the person in the photos consented to having them taken. A Minor Release is different from a standard photo release, in that it includes a section where the legal parent or guardian can sign the form granting permission for the minor in their care to be photographed.

Informed Consent and the Exploitation of Minors

By law, minors are unable to give informed consent.

The idea behind all of this is to protect the minor, who by legal definition lacks the ability to give informed consent. By discussing your planned photo shoot with both the model and the parent or legal guardian, and having both sign the model release form, you can protect yourself and your business from accusations of exploitation of minors.

References

• Art Support: How To Use Release Forms
• Lawyers.com: Photography or Video Taping Consent