Manuel B. Garcia

Manuel B. Garcia serves as the Senior Director for Educational Technology and Digital Learning at FEU Institute of Technology, Manila, Philippines. Read More

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Do Researchers Need to Obtain Adult Consent From Participants Who Were Originally Enrolled as Children?

Participants enrolled through parental permission and child assent may later become legally able to consent for themselves. Learn when researchers must obtain adult consent and when an IRB-approved waiver may allow research to continue without it.

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Adult Consent After Childhood Enrollment Guide 167 of 398
01 · The Question

Must researchers go back and obtain consent once participants become adults?

A research project enrolled participants when they were children. Their parents gave permission, and the children assented where required. Years later, those participants have reached the legal age of consent.

Does the research team now need adult consent from everyone?

Often yes, but the precise answer depends on what research is still occurring. If investigators continue interacting or intervening with participants after they become legally capable of consent, their own informed consent ordinarily must be obtained unless the requirement has been appropriately waived. If no further contact occurs but identifiable information or biospecimens remain in research use, consent may still be required unless an IRB approves a waiver. If the remaining materials are not identifiable under the applicable regulatory framework, the analysis can be different.

02 · The Short Answer

Adult consent is generally needed when human-subjects research continues

In Brief

Researchers generally need legally effective consent from participants who were enrolled as children once those participants become legally able to consent and their involvement continues as human-subjects research, unless an IRB has approved an applicable waiver.

OHRP distinguishes ongoing interactions or interventions from continued research using previously collected identifiable information or biospecimens. Both can require adult consent, but the waiver and identifiability analysis may differ when no further participant contact is planned.

03 · What You Need to Know

The answer depends on what continues after childhood

Parental permission and child assent are not prospective adult consent

When a child enters research, parental or guardian permission and child assent may provide the required authorization for participation under the protections governing research with children.

Those decisions do not automatically become the participant's legally effective informed consent when the participant later becomes capable of consenting for themselves.

OHRP explains that parental permission and child assent are not equivalent to legally effective informed consent for the now-adult participant. If research covered by the Common Rule continues, investigators need to consider whether the participant's own consent must now be obtained.

Ongoing interactions or interventions ordinarily require adult consent

This is the clearest situation. If researchers will continue conducting interviews, administering surveys through direct interaction, collecting specimens, performing examinations, delivering interventions, or otherwise interacting or intervening with the participant after the participant reaches legal consent age, informed consent ordinarily needs to be obtained from that participant.

An applicable IRB-approved waiver can change this requirement, but the earlier parental permission does not by itself authorize future adult participation.

The operational transition when a participant reaches legal consent age during a longitudinal study should therefore be anticipated in the protocol.

No further contact does not automatically mean no consent issue

Suppose the participant completed every study visit while still a child. Researchers now intend only to continue analyzing identifiable private information or identifiable biospecimens collected during childhood.

Under the Common Rule, obtaining, using, studying, analyzing, or generating identifiable private information or identifiable biospecimens can constitute research involving human subjects. OHRP therefore explains that investigators may need to obtain the now-adult participant's consent for continued research use unless an IRB determines that the requirements for waiver are satisfied.

This is an important correction to the intuitive idea that re-consent matters only when researchers want to bring someone back to the laboratory.

What continues after legal consent age? General Common Rule implication What researchers should consider
Interviews, visits, surveys involving interaction, procedures, interventions, or new specimen collection Adult informed consent ordinarily required Obtain legally effective consent before continued participation unless an IRB-approved waiver applies.
Research use of identifiable private information or identifiable biospecimens already collected Can remain human-subjects research Adult consent may be required unless the IRB approves a waiver.
Research using information or biospecimens that are not identifiable under the applicable framework May not constitute human-subjects research under the Common Rule Confirm the regulatory determination rather than assuming de-identification is sufficient.

Identifiability is therefore crucial

The regulatory treatment of previously collected materials can turn on whether researchers obtain or use information or biospecimens in an identifiable form.

Researchers should not casually equate coded with nonidentifiable. Whether coded information remains identifiable depends on the circumstances, including whether investigators can readily ascertain the identity of the individuals under the applicable regulatory framework.

When uncertain, seek an institutional or IRB determination rather than independently declaring that a coded data set has left human-subjects regulation.

An IRB can sometimes waive adult consent

Re-contacting every participant years after childhood enrollment may sometimes be impracticable. Participants may have moved, contact information may no longer work, or the cohort may have been established many years earlier.

That difficulty does not itself eliminate consent. Instead, an IRB can determine whether the applicable waiver criteria under 45 CFR 46.116 are satisfied.

Under the current general waiver provision, the IRB ordinarily must find that the research involves no more than minimal risk, could not practicably be carried out without the waiver, will not adversely affect subjects' rights and welfare, satisfies the additional criterion concerning identifiable information or biospecimens when applicable, and provides additional pertinent information afterward when appropriate.

“We lost contact” is not automatically a waiver

A research team should document why obtaining adult consent is impracticable rather than simply inconvenient. The IRB makes the waiver determination.

A study with outdated contact details should also distinguish inability to locate some participants from a decision not to attempt re-contact at all. The protocol, available resources, risks, data involved, and scientific consequences may all be relevant to the IRB's assessment.

The adult participant may decline continued participation

If adult consent is sought, the participant must have a genuine choice. Researchers should not present the new form as an administrative update that the participant is expected to sign because they have already spent years in the study.

The participant may decide that continued participation is acceptable or may decline. What happens to information or biospecimens collected before withdrawal depends on the approved protocol, applicable regulations, what the participant was originally told, and the nature of the research records.

Researchers should explain the consequences accurately rather than promising that withdrawal necessarily means every previously collected datum can or will be destroyed.

Re-consent should reflect the research that remains

A participant who entered a ten-year study at age 12 does not necessarily need to reread a document written as though no research has yet occurred.

The adult consent process should accurately explain the participant's current situation: what has already been collected, what activities remain, how information and specimens will be used, foreseeable risks, potential benefits where applicable, confidentiality, relevant alternatives, voluntary participation, and the consequences of discontinuing further participation.

The IRB-approved materials should fit the actual stage of the research.

Consent authority may change before the general age of majority

Researchers should again be careful with the shorthand of “turning 18.” Under HHS regulations, children are defined according to whether they have reached the legal age for consent to the treatments or procedures involved in the research under applicable law.

Some participants may acquire legal authority to consent earlier in particular circumstances. Conversely, legal questions may be more complicated for adults who lack decision-making capacity. The transition should be based on actual consent authority, not a birthday rule detached from applicable law.

Adult consent and parental permission should not coexist by habit

Once the participant has legal authority to consent for themselves, researchers should not continue treating the parent as the decision-maker simply because that was the study's established routine.

Parents may remain involved if the adult participant wishes and if doing so is appropriate, but their earlier permission does not substitute for the adult participant's own legally effective consent.

Watch Out

Do not automatically send an adult consent form to every former child participant without first identifying what research remains. Ongoing intervention, continued use of identifiable materials, and research using nonidentifiable materials can raise different regulatory questions.

04 · A Practical Example

Two former child participants can require different consent decisions

Hypothetical Example

A childhood cohort reaches legal consent age

Suppose researchers enrolled a cohort at age 15 with parental permission and adolescent assent. Three years later, participants become legally able to consent for themselves.

Participant A still has study visits Participant A is scheduled for another interview and specimen collection. The research team obtains legally effective adult informed consent before those activities continue.
Participant B has completed all visits No further interaction is planned, but researchers continue analyzing Participant B's identifiable health information collected during childhood.
The IRB evaluates continued identifiable use The research team determines with the IRB whether adult consent must be obtained or whether the applicable requirements for a waiver are satisfied.
A third data set has been rendered nonidentifiable If researchers cannot identify the individuals under the applicable regulatory framework and no further interaction or intervention occurs, the Common Rule human-subjects analysis may differ. The research team obtains the appropriate institutional determination rather than assuming the answer.

The examples show why “Do we need to re-consent everyone?” is slightly too blunt a question. Researchers first need to identify what relationship remains between the study and each participant.

05 · What Researchers Often Get Wrong

Common mistakes about obtaining adult consent

Misconception

“The original parental permission remains valid until the study ends.”

Not as a substitute for the participant's own consent once that participant becomes legally capable of consenting to ongoing research.

Misconception

“The participant already assented, so adult consent is redundant.”

Assent is not legally effective adult informed consent. Earlier assent does not automatically authorize continued participation after legal consent authority changes.

Misconception

“Adult consent matters only if we contact the participant again.”

Not necessarily. Continued research use of identifiable private information or identifiable biospecimens can remain human-subjects research even without further interaction.

Misconception

“If re-contact is difficult, researchers can skip consent.”

Difficulty may be relevant to an IRB's waiver analysis, but investigators cannot grant themselves a waiver. The applicable regulatory criteria must be satisfied and the IRB must approve the waiver.

Misconception

“All coded data are automatically nonidentifiable.”

Not necessarily. Whether coded information or specimens are identifiable depends on the applicable regulatory definition and the circumstances under which investigators can ascertain participants' identities.

Misconception

“Turning 18 is always the trigger.”

The relevant threshold under HHS regulations is legal authority to consent to the treatments or procedures involved in the research under applicable law. Eighteen is common, but it should not be presented as a universal rule.

06 · What This Means for You

Classify what remains before deciding whether adult consent is needed

For every participant approaching legal consent age, identify what the study will still do with or to that person. That classification makes the consent question considerably easier to manage.

A simple decision framework

If new interactions or interventions will occur
Obtain legally effective informed consent from the participant unless an IRB-approved waiver applies.
If only identifiable private information or identifiable biospecimens remain in research use
Determine whether adult consent is required or whether the IRB can approve an applicable waiver.
If only nonidentifiable information or biospecimens remain
Confirm whether the continued activity constitutes human-subjects research under the applicable regulatory framework.
If participants cannot practicably be re-contacted
Present the circumstances to the IRB and address every criterion of the applicable consent-waiver provision.
If the participant declines adult consent
Do not conduct new activities requiring that consent and follow the approved procedures for withdrawal and previously collected materials.

For prospective longitudinal studies, include these pathways from the beginning. Tell families and adolescents that consent authority may change during follow-up and explain, where appropriate, that participants will later be asked to make their own decision.

This approach also avoids a surprisingly common conceptual mistake: treating adulthood as an administrative change in the participant record rather than a change in who has authority over continued research participation.

07 · A Quick Checklist

Before deciding whether adult consent is required, check what remains

For participants originally enrolled as children, check:
Determine when each participant becomes legally capable of consenting to the research activities involved.
Identify whether any research interactions or interventions will occur after that transition.
Identify whether previously collected private information or biospecimens remain identifiable and in research use.
Obtain adult informed consent when required rather than relying on childhood assent or parental permission.
If consent cannot practicably be obtained, determine whether the IRB can approve a waiver under the applicable criteria.
Ensure the adult consent materials accurately describe what research has already occurred and what remains.
Plan how refusal of adult consent will affect future activities and previously collected information or specimens.
Document the IRB's determination when the remaining research is considered outside the scope of human-subjects research.
08 · Frequently Asked Questions

Frequently asked questions about adult consent after childhood enrollment

Do all participants enrolled as children have to be re-consented at age 18?

Not as a universal birthday rule. Researchers should determine when participants become legally capable of consenting to the research activities involved and what human-subjects research continues after that point.

Is adult consent required if study visits continue?

Generally, yes. If ongoing interactions or interventions continue after the participant becomes legally capable of consenting, their own informed consent ordinarily must be obtained unless an IRB-approved waiver applies.

What if researchers only use data collected when the participant was a child?

If researchers continue using identifiable private information, the activity may remain human-subjects research and adult consent may be required unless the IRB approves a waiver. If the information is no longer identifiable under the applicable framework, the analysis may differ.

What if only stored biospecimens remain?

Identifiability matters. Continued research involving identifiable biospecimens may require adult consent unless a waiver applies. Research involving specimens that are not identifiable to investigators may be treated differently under the Common Rule.

Can an IRB waive adult consent if participants cannot be found?

Potentially. The IRB must determine that the applicable waiver criteria are satisfied. Inability to locate participants can be relevant to practicability but does not itself automatically create a waiver.

What happens if the adult participant refuses to re-consent?

Researchers should not conduct future activities requiring that consent. The handling of information or specimens already collected depends on the protocol, applicable regulations, consent terms, and any relevant IRB determination.

Does the parent still need to sign once the participant can consent as an adult?

Ordinarily the participant's own legally effective consent becomes the relevant authorization. A parent may remain involved if the adult participant wishes, but prior parental permission does not replace the participant's consent.

09 · The Bottom Line

Ask what research continues, then determine whose consent governs it

The Bottom Line

Researchers generally need adult informed consent once a participant originally enrolled as a child becomes legally capable of consenting and continues to be involved in human-subjects research, unless an IRB-approved waiver applies.

For ongoing interactions or interventions, the need for the participant's own consent is usually straightforward. For previously collected data or specimens, identifiability and continued research use become central. Do not assume either that everyone must automatically sign again or that childhood authorization lasts forever; classify the remaining research and apply the appropriate consent requirements.

10 · Sources and Further Reading

Authoritative guidance on adult consent after childhood enrollment

11 · Cite this Guide

How to Cite This Guide

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