Can You Get A Tattoo As A Minor? Navigating the complex world of tattoo laws can be tricky, especially when you’re under 18. At tattooat.com, we’ll break down the legal age requirements for tattoos across the United States, helping you understand your rights and options in the body art landscape. Discover the possibilities and regulations surrounding underage tattooing, ensuring you’re informed and ready to explore tattoo designs and connect with talented tattoo artists with confidence.
1. Understanding Tattoo Laws and Minors
Are you curious about the rules and regulations surrounding tattoos for minors? It’s a valid question, and the answer isn’t always straightforward.
Tattoo laws for minors in the USA are primarily determined at the state level, meaning there’s no single, overarching federal law. Each state has its own set of rules, which can range from outright bans on tattooing anyone under 18 to allowing it with parental consent. These laws are in place to protect young people from making permanent decisions they might later regret, and to ensure they understand the risks involved. Tattooat.com is here to give you insights on the latest updates on US tattoo regulations, including guidance on parental consent, emancipated minor status, and studio policies.
1.1. Why Do Tattoo Laws for Minors Exist?
Why exactly are these laws in place? There are several reasons, and here are some key points to consider:
- Informed Consent: Minors are generally not considered to have the legal capacity to provide informed consent for medical procedures, including tattoos. This is because they may not fully understand the long-term implications and risks involved.
- Contractual Capacity: In most jurisdictions, minors cannot enter into legally binding contracts. Since getting a tattoo involves an agreement between the artist and the client, this can create legal complications.
- Parental Rights: Parents or legal guardians typically have the right to make decisions about their children’s health and well-being, including whether or not they get a tattoo.
- Protection from Regret: Tattoos are permanent, and there’s a risk that a minor might later regret their decision. Laws are in place to ensure they have the maturity and understanding to make such a lasting choice.
- Health and Safety: Tattooing carries certain health risks, such as infections and allergic reactions. Minors may be more vulnerable to these risks due to a lack of awareness or proper aftercare.
1.2. Key Terms in Tattoo Legislation
Navigating the legal landscape of tattoos and minors requires understanding some key terms. Here’s a quick rundown:
- Minimum Age: The youngest age at which a person can legally get a tattoo, with or without parental consent.
- Parental Consent: Permission granted by a parent or legal guardian allowing a minor to get a tattoo. The requirements for parental consent can vary, such as written consent, notarized consent, or the parent’s physical presence.
- Emancipated Minor: A minor who has been granted legal independence from their parents or guardians by a court. Emancipated minors may have the same legal rights as adults, including the right to get a tattoo without parental consent, depending on the state’s laws.
- Outright Prohibition: A complete ban on tattooing anyone under the age of 18, even with parental consent.
- State Law: Laws enacted by individual states, which govern tattooing regulations within their borders.
- Local Regulations: Additional rules and guidelines set by cities, counties, or other local jurisdictions that tattoo artists and establishments must follow.
- Studio Policies: Internal rules and regulations set by individual tattoo studios, which may be stricter than state or local laws.
- Written Consent: A formal document signed by a parent or legal guardian, giving permission for a minor to receive a tattoo.
- Notarized Consent: A written consent form that has been verified and signed by a notary public, adding an extra layer of legal validity.
- Photo Identification: Government-issued identification, such as a driver’s license or passport, used to verify age and identity.
- Medical Exemption: A specific exception to the law allowing a minor to get a tattoo for medical reasons, such as covering up scars or birthmarks.
2. State-by-State Guide to Tattoo Age Laws
What are the specific age restrictions on tattoos where you live? Here’s a comprehensive look at tattoo laws across the United States:
State | Minimum Age | Parental Consent Required | Emancipated Minors | State Law |
---|---|---|---|---|
Alabama | 18 | Yes, written informed consent from parent or guardian, either in person or with employee present. | Permitted with original legal decree and government-issued photo ID. | AL Code § 22-17A-2 |
Alaska | 18 | No, outright prohibition. Exceptions may apply for medical procedures or emancipated minors. | No specific laws regarding tattooing for emancipated minors. | AS 08.13.217 |
Arizona | 18 | Yes, parent or guardian must consent and be physically present. | Cannot get a tattoo without the physical presence of a legal guardian. | A.R.S. 13-3721 |
Arkansas | 18 | Yes, for ages 16-17. Must present valid state-issued ID, birth certificate, and parent present. | N/A | Arkansas Code § 20-27-1502 |
California | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | HSC § 119302 |
Colorado | 18 | Yes, parental consent allowed for ages 16-17. | N/A | Colo. Rev. Stat. § 25-4-2103 |
Connecticut | 18 | Yes, written parental consent allowed for minors. | May get a tattoo if they present their legal decree or marriage certificate and a photo ID. | C.G.S. § 20-266p |
Delaware | 18 | Yes, parent or legal guardian offers written consent prior to the procedure. | N/A | Delaware Code Ch. 243 |
District of Columbia | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | D.C. Code § 47–2853.76e |
Florida | 16 | Yes, for 16-17 year olds. Parent or guardian must be present with valid ID and notarized consent. | Cannot get a tattoo until they turn 18. | Chapter 381, Section 00787 of the 2011 Florida Statutes |
Georgia | 18 | No, outright prohibition, unless performed by a licensed osteopath or technician under supervision. | Cannot get a tattoo, as the law states you must be 18. | O.C.G.A. § 16-5-71 |
Hawaii | 18 | Yes, parent or legal guardian must provide written permission. | N/A | Haw. Code R. § 11-17-7 |
Idaho | 18 | Yes, for individuals aged 14 to 18, a parent or legal guardian must be present and grant written consent. | May get a tattoo if they present their legal decree or marriage certificate and a photo ID. | Idaho Code § 18-1523 |
Illinois | 18 | No, outright prohibition, even with parental consent, except when performed by a physician or licensed technician under supervision. | Cannot get a tattoo, as the law states you must be 18. | 720 ILCS 5/12C-35 |
Indiana | 18 | Yes, parent or legal guardian must be present and supply written consent. | N/A | Indiana Code § 35-45-21-4 |
Iowa | 18 | No, outright prohibition on younger, unmarried minors. | May get a tattoo if they present their legal decree or marriage certificate and a photo ID. | DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING, §10A.531 |
Kansas | 18 | Yes, written permission notarized from a parent or legal guardian is required, and the person who gives this consent must be present during the procedure. | Cannot get a tattoo, as the law states you must be 18. | Kansas Code – 65-1953 |
Kentucky | 16 | Yes, custodial parental or legal guardian written notarized consent allowed for minors. | N/A | Title 902 Chapter 45 Regulation 065 Section 7 |
Louisiana | 18 | Yes, permission from a parent or guardian who is present with them. | N/A | RS 14:93.2 |
Maine | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | Maine Revised Statutes Title 32, § 4203 |
Maryland | 18 | Yes, written parental consent allowed for minors. | May get a tattoo if they present their legal decree or marriage certificate and a photo ID. | Code of Md. Regulations, 10.06.01.06 |
Massachusetts | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | Model Regulations for Body Art Establishments |
Michigan | 18 | Yes, prior written consent from the minor’s parent or legal guardian in person, with proof of birth certificate or legal guardianship. | May get a tattoo if they present their legal decree or marriage certificate and a photo ID, as “an individual under 18 years of age who is not emancipated under section 4 of 1968 PA 293, MCL 722.4” is excluded under the definition of “minor”. | MCL – Section 333.13102 |
Minnesota | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | 2023 Minnesota Statutes 146B.07 |
Mississippi | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | Miss.Code Ann. § 73-61 |
Missouri | 18 | Yes, written consent from a parent or legal guardian in the presence of the tattoo artist. | Cannot get a tattoo, as the law states you must be 18. | RSMo Section 324.520 |
Montana | 18 | Yes, parent or guardian present to sign a consent form, with valid ID and birth certificate. | N/A | Tattooing and Piercing Establishments Administrative Rules Section 37.112.144 |
Nebraska | 18 | Yes, parental consent allowed for minors, and the parent or court-appointed guardian must be present during the tattoo procedure. | N/A | Nebraska Revised Statute 38-10,165 |
Nevada | 18 | N/A | N/A | N/A |
New Hampshire | 18 | No, outright prohibition, even with parental consent. | N/A | N.H. Rev. Stat. § 314-A:8 |
New Jersey | 18 | Yes, written permission of the minor’s parent or legal guardian. | N/A | N.J. Rev. Stat. Section 2C:40-21 |
New Mexico | 18 | Yes, notarized consent form from a parent or legal guardian delivered in person, with photo ID. | N/A | HB 790 |
New York | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | Section 260.21 of New York State Penal Law |
North Carolina | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | N.C. Gen. Stat. § 14-400 |
North Dakota | 18 | Yes, parental consent allowed for minors, and the parent must be present during the tattoo procedure. | N/A | N.D. Code § 12.1-31-13 |
Ohio | 18 | Yes, parental consent allowed for minors, and the parent must be present, sign a document, and present valid IDs and birth certificate. | An emancipated minor can get a tattoo because they are considered independent and can consent to their own medical treatment. | Ohio Rev. Code Ann. § 3730.06 |
Oklahoma | 18 | Yes, parental consent allowed for minors, and the parent must be present during the tattoo procedure. | N/A | Oklahoma State Department of Health Tattooing and Body Piercing Title 21 Section 842.1 et seq. |
Oregon | 18 | Yes, with a physician’s statement authorizing or recommending the procedure and parental consent. | Cannot get a tattoo, as the law states you must be 18. | Oregon Health Authority, Health Licensing Office – Chapter 331-915-0065 |
Pennsylvania | 18 | Yes, parental consent allowed for minors, and the parent must be present during the tattoo procedure. | Emancipated minors might be exempt from these regulations if they can present legal documentation verifying their status. | Pa. Cons. Stat. Title 18 § 6311 |
Rhode Island | 18 | No, outright prohibition, except with a medical exemption. | Cannot get a tattoo, as the law states you must be 18. | R.I. Gen. Laws Tit. 11. Criminal Offenses § 11-9-15 |
South Carolina | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | S.C. Code § 44-34-100 |
South Dakota | 18 | Yes, with a signed consent from your parent or legal guardian, and some tattoo shops may request that this consent be notarized. | N/A | S.D. Codified Laws Ann. § 26-10-19 |
Tennessee | 18 | Yes, for minors aged 16 and above with parental supervision only for the purposes of covering up an existing tattoo. | N/A | Tenn. Code § 62-38-211 |
Texas | 18 | Yes, a minor’s parent or guardian can approve covering an existing tattoo for those under 18, especially if it features offensive content. | N/A | RULE § 229.406 – Texas Administrative Code; Laws in Texas for Tattoos: Minimum Age and Other Restrictions. |
Utah | 18 | No, unless authorized or prescribed by a physician. | N/A | Utah Code Ann. § 76-10-2201 |
Vermont | 18 | Yes, minors who are under 18 years of age may receive a tattoo if they obtain written permission from a parent or guardian. | N/A | Vt. Stat. Ann. Tit. 26 § 4101 |
Virginia | 18 | Yes, For those under 18, tattoos are allowed only in the presence of a parent or guardian who has given their approval. | N/A | Va. Code § 18.2-371.3 |
Washington | 18 | No, outright prohibition, even with parental consent. | Cannot get a tattoo, as the law states you must be 18. | Wash. Code § 26.28.085 |
West Virginia | None specified, but individuals under the age of 16 are prohibited from receiving tattoos. | Minors aged 16 and above may obtain tattoos provided that a parent or legal guardian is present at the tattoo studio, and they supply both written consent and a photo ID. | N/A | W. Va. Code § 16-38-3 |
Wisconsin | 18 | No, outright prohibition, except when the tattooing is performed by a physician in the course of the physician’s professional practice. | N/A | Wisc. Admin. Code Ch. SPS 221.10(1)(b)(3) |
Wyoming | 18 | Parental consent allowed for minors with parental supervision. | N/A | Wyoming Statute § 14-3-107 |
2.1. States With the Strictest Tattoo Laws
Which states have the toughest regulations when it comes to underage tattoos? Here are some examples:
- California: No tattoos for anyone under 18, even with parental consent.
- Massachusetts: Like California, Massachusetts has a complete ban on tattooing minors, regardless of parental permission.
- New York: The Empire State also prohibits tattoos for anyone under 18, with no exceptions for parental consent.
- Texas: Another state that enforces a minimum age of 18, without parental consent.
2.2. States With More Lenient Tattoo Laws
Are there any states where it’s easier for minors to get tattoos? Yes, here are a few examples:
- Kentucky: Allows 16-year-olds to get tattoos with notarized parental consent.
- Florida: Permits 16 and 17-year-olds to get tattoos if they have notarized parental consent and a parent or guardian present.
- West Virginia: While not specifying a minimum age, West Virginia allows those 16 and older to get tattoos with parental consent and presence.
2.3. Parental Consent: What Does It Really Mean?
What does parental consent actually entail in states that allow it? Here’s what you need to know:
- Written Consent: In most cases, parental consent must be provided in writing, usually on a specific form provided by the tattoo studio.
- Notarization: Some states require the written consent form to be notarized, meaning it must be signed in the presence of a notary public, who verifies the identity of the parent or guardian.
- Parental Presence: Many states require the parent or guardian to be physically present at the tattoo studio during the procedure.
- Identification: Both the minor and the parent or guardian will likely need to provide valid photo identification to verify their identities and ages.
- Proof of Guardianship: If the person providing consent is not the minor’s biological parent, they may need to provide documentation proving they are the legal guardian.
- Informed Consent Discussion: Tattoo artists may be required to discuss the risks and aftercare instructions with both the minor and the parent or guardian to ensure everyone understands the implications of getting a tattoo.
2.4. Emancipated Minors: A Special Case
What about emancipated minors? Here’s a breakdown:
- Legal Independence: Emancipation grants minors the legal rights and responsibilities of adults, including the ability to enter into contracts and make their own medical decisions.
- Varying Laws: However, even if a minor is emancipated, the right to get a tattoo without parental consent depends on the specific laws of the state.
- Proof of Emancipation: Emancipated minors will need to provide legal documentation proving their status, such as a court order or marriage certificate.
- Studio Policies: Some tattoo studios may still be hesitant to tattoo emancipated minors, regardless of their legal status, so it’s always best to check with the studio beforehand.
3. Risks and Considerations for Minors Getting Tattoos
What are the potential risks and things to consider before getting a tattoo as a minor? It’s important to weigh the pros and cons carefully.
Getting a tattoo is a big decision, and it’s especially important for minors to understand the potential risks and considerations involved. Beyond the legal aspects, there are personal, social, and health factors to keep in mind. At tattooat.com, we want you to be well-informed so you can make a responsible choice about body art.
3.1. Health Risks of Tattooing
What are the potential health risks associated with getting a tattoo? Here’s what you should be aware of:
- Infections: Tattooing involves puncturing the skin, which can create an entry point for bacteria and other pathogens, leading to infections like cellulitis or staph infections.
- Allergic Reactions: Some people may be allergic to the tattoo ink, resulting in skin rashes, itching, or swelling.
- Scarring: In some cases, tattooing can lead to scarring, especially if the procedure is not performed correctly or if the aftercare is inadequate.
- Bloodborne Diseases: If the tattoo equipment is not properly sterilized, there’s a risk of contracting bloodborne diseases like hepatitis B, hepatitis C, or HIV.
- Granulomas: These are small nodules that can form around tattoo ink, causing inflammation and discomfort.
- Keloids: These are raised scars that can grow beyond the boundaries of the tattoo, especially in people prone to keloid formation.
3.2. Social and Personal Considerations
Beyond the health risks, what else should minors consider before getting a tattoo?
- Regret: Tastes and preferences can change over time, and a tattoo that seems cool now might not be so appealing in the future.
- Career Impact: Some employers may have policies against visible tattoos, which could limit job opportunities.
- Social Stigma: Although tattoos are becoming more mainstream, some people may still hold negative views about them.
- Family Reactions: Getting a tattoo without parental consent can lead to conflict and strained relationships with family members.
- Permanence: Tattoos are permanent, and while laser removal is an option, it can be expensive, painful, and may not completely erase the tattoo.
- Design Choice: Choosing a design that reflects your current interests and values is important, but it’s also wise to consider how that design might be viewed in the future.
3.3. Finding a Reputable Tattoo Artist
How can minors ensure they’re going to a qualified and reputable tattoo artist? These steps are important:
- Research: Look for tattoo artists who have a good reputation and positive reviews online.
- Check Credentials: Make sure the artist is licensed and has the necessary certifications to operate legally.
- Inspect the Studio: Visit the tattoo studio to ensure it’s clean, well-maintained, and follows proper hygiene practices.
- Ask Questions: Don’t hesitate to ask the artist about their experience, sterilization procedures, and aftercare instructions.
- View Portfolio: Review the artist’s portfolio to see examples of their work and ensure their style matches your preferences.
- Trust Your Gut: If something feels off or you’re not comfortable with the artist or studio, don’t proceed with the tattoo.
3.4. Understanding Tattoo Aftercare
What does proper tattoo aftercare involve, and why is it so important?
- **Keep It