Legal Guide to Filling Out Parental Consent Forms

New York Education Law § 3201 requires parental consent for field trips and off-campus activities involving students. Schools must provide written notice to parents describing the activity, location, dates, and any associated costs or risks. New York General Business Law § 349 prohibits deceptive practices, which includes failing to obtain proper parental consent when required. Additionally, New York's Digital Privacy Act and various healthcare regulations mandate that organizations obtain verifiable parental consent before collecting personal information from minors or providing medical services to minors without parental presence.

The Children's Online Privacy Protection Act (COPPA) requires websites and online services to obtain verifiable parental consent before collecting personal information from children under thirteen years old. Verifiable parental consent under COPPA must be documented through signed forms, email confirmation, or other methods that provide reliable evidence that a parent authorized the collection. Organizations that fail to obtain proper COPPA-compliant parental consent forms face Federal Trade Commission (FTC) enforcement actions, civil penalties, and potential state-level litigation.

The parental consent form must describe the specific activity, including dates, locations, duration, and any associated costs or fees. The form must explicitly identify any risks associated with the activity, such as physical injury in sports programs, exposure to certain materials in educational contexts, or potential side effects for medical procedures. The form should include emergency contact information, authorization for emergency medical treatment if necessary, and acknowledgment that the parent understands the risks involved. Insurance information and liability limitations should be clearly stated, along with confirmation that the parent has had an opportunity to ask questions and understand the activity before signing.

The parental consent form must be signed by a parent or legal guardian with actual authority over the minor. The signature should be original whenever possible, though electronic signatures complying with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) are generally acceptable. Organizations should retain a copy of the signed form and verify the signatory's identity and authority before accepting the consent. For digital forms, organizations collecting personal information from minors should implement additional verification methods to confirm parental identity and authorization.

Schools and educational institutions must obtain parental consent forms for field trips, extracurricular activities, and participation in research or data collection projects. The form should specify the activity, location, transportation method, supervision arrangements, and any associated costs. Schools should also obtain consent for photography or video recording of minors and clarify how images will be used. For sports and recreational programs, the form should acknowledge physical risks and obtain authorization for emergency medical treatment if necessary.

Healthcare providers must obtain parental consent forms before treating minors for non-emergency conditions. The form should describe the proposed treatment, explain any risks or side effects, and identify alternative treatment options. Organizations collecting personal information from minors online must implement digital transformation practices that include robust parental consent mechanisms. Digital services should use clear, accessible language to explain what information is being collected, how it will be used, and what protections are in place. Organizations must maintain records demonstrating that verifiable parental consent was obtained before collecting any personal information from children under thirteen years old.

Organizations must maintain signed parental consent forms for a reasonable period, typically until the minor reaches the age of majority plus an additional period required by applicable regulations. Forms should be stored securely to protect personal information and comply with privacy laws. Organizations should implement systems to track which parents have provided consent and for which activities, ensuring that activities are not conducted without proper authorization. Regular audits of consent documentation help organizations identify gaps in their compliance practices and correct issues before legal disputes arise.

The New York State Attorney General's office and the FTC actively investigate complaints about improper parental consent practices. Organizations that collect personal information from minors without proper consent face civil enforcement actions, consent decrees requiring operational changes, and monetary penalties. Parents may also pursue private lawsuits seeking damages for breach of duty, negligence, or violation of consumer protection laws. Courts have consistently held that organizations cannot rely on implied or verbal consent when written authorization is required, and that inadequate disclosure of risks or activities undermines the validity of consent forms.