What Is The Legal Age To Get Tattoos In America?

What Is The Legal Age To Get Tattoos In America? The laws surrounding body art and tattoo application vary greatly across the United States, and it’s essential to understand them before getting inked. At tattooat.com, we’re dedicated to providing you with the most up-to-date and accurate information, empowering you to make informed decisions about your body art journey, ensuring safe tattooing practices. Discover design inspiration, connect with talented artists, and learn everything you need to know about tattoo regulations, tattoo aftercare, and the evolving world of tattoo culture all on tattooat.com.

1. Understanding Tattoo Age Laws in the USA

The regulations surrounding tattoos in the United States vary significantly from state to state, highlighting the importance of understanding local laws before getting a tattoo. These laws primarily address the question: What is the legal age to get tattoos in America?

1.1 Why Age Restrictions Exist

Age restrictions for tattoos are in place primarily because minors are generally not considered capable of making fully informed decisions regarding permanent body modifications. This is rooted in the legal concept of informed consent, which requires an individual to understand the procedure, its risks, and its permanence before agreeing to it. Additionally, minors are often legally unable to enter into binding contracts, which can complicate the relationship between the client and the tattoo artist. The establishment of such laws aims to protect young individuals from making decisions they may later regret and to ensure that they are fully aware of the long-term implications of getting a tattoo.

1.2 Federal vs. State Regulations

In the United States, there are no federal laws that regulate the tattoo industry. Instead, each state is responsible for setting its own laws regarding the legality of tattoos, including age restrictions. This leads to a patchwork of regulations across the country, where the minimum age to get a tattoo can vary significantly. Some states have strict laws that prohibit anyone under the age of 18 from getting a tattoo, regardless of parental consent, while others allow minors to get tattooed with parental permission.

1.3 Parental Consent Explained

Parental consent laws allow minors, typically those aged 16 or 17, to get a tattoo if they have the written permission of a parent or legal guardian. The specifics of parental consent vary by state; some states require the parent to be physically present during the tattooing process, while others only require a notarized consent form. It’s crucial to note that even in states where parental consent is permitted, individual tattoo studios may still refuse to tattoo minors, reflecting their own policies and ethical considerations. The requirement for parental consent is intended to ensure that a responsible adult is involved in the minor’s decision-making process, providing guidance and support.

2. State-by-State Breakdown of Tattoo Age Laws

To fully understand “what is the legal age to get tattoos in America,” it’s essential to explore the specific regulations in each state. The following provides a detailed overview of tattoo laws across the United States, including minimum age requirements, parental consent rules, and any specific stipulations.

2.1 States Requiring 18 Years of Age

Many states in the U.S. have a strict minimum age of 18 for getting a tattoo, with no exceptions for parental consent. In these states, it is illegal for anyone under 18 to get a tattoo, regardless of whether they have permission from their parents or guardians. This reflects a strong stance on protecting minors from making permanent decisions about their bodies.

States with a strict 18-year-old age requirement:

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Connecticut
  • Delaware
  • District of Columbia
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Wisconsin
  • Wyoming

2.2 States Allowing Tattoos with Parental Consent

Some states allow minors to get tattoos with the consent of their parent or legal guardian, providing a pathway for younger individuals to get tattoos under specific conditions. The exact requirements for parental consent vary from state to state, but generally, it involves written permission and, in some cases, the presence of the parent during the tattooing process.

States that permit tattooing of minors with parental consent:

  • Colorado (ages 16-17)
  • Florida (ages 16-17 with notarized consent)
  • Kentucky (ages 16-17 with notarized consent)
  • West Virginia (ages 16 and older with parental presence)

2.3 State-Specific Regulations in Detail

The following sections provide detailed information on the tattoo laws in each state, including the specific age requirements, parental consent rules, and any other relevant regulations.

Alabama

  • Minimum Age: 18 years old
  • State Law: AL Code § 22-17A-2
  • Parental Consent Required: The minor’s parent or legal guardian must provide the necessary written informed consent either in the presence of the person carrying out the tattooing, or in the presence of an employee or representative of that person.
  • Emancipated Minors: Legally emancipated minors in Alabama are permitted to receive a tattoo if they present their original legal decree along with a government-issued photo ID.

Alaska

  • Minimum Age: 18 years old (outright prohibition on younger minors).
  • State Law: AS 08.13.217
  • Parental Consent: It is illegal to tattoo a minor, even with parental permission. However, exceptions may apply for medical procedures or if the minor is legally emancipated.
  • Emancipated Minors: No specific laws regarding tattooing for emancipated minors in Alaska.

Arizona

  • Minimum Age: 18 years old
  • State Law: A.R.S. 13-3721
  • Parental Consent and Presence Required: Parent or guardian must consent and be physically present.
  • Emancipated Minors: Emancipated minors cannot get a tattoo without the physical presence of a legal guardian in Arizona.

Arkansas

  • Minimum Age: 18 years old
  • State Law: Arkansas Code § 20-27-1502
  • Parental Consent and Presence Required: Parental consent allowed for ages 16-17, though you are required to present a valid state-issued identification, your birth certificate that lists your mother or father, and have one of your parents present along with their state-issued ID.

California

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: HSC § 119302
  • Emancipated Minors: An emancipated minor cannot get a tattoo in California because the law states you must be 18.

Colorado

Connecticut

  • Minimum Age: 18 years old
  • State Law: C.G.S. § 20-266p
  • Parental Consent Required: Written parental consent allowed for minors.
  • Emancipated Minors: Legally emancipated minors may get a tattoo if they present their legal decree or marriage certificate and a government-issued photo ID.

Delaware

  • Minimum Age: 18 years old
  • State Law: Delaware Code Ch. 243
  • Parental Consent and Presence Required: If you are below the age of 18, you can get a tattoo provided your parent or legal guardian offers written consent prior to the procedure. Additionally, some tattoo studios may impose extra requirements, such as notarizing a Minor Release Form and presenting photo identification for both yourself and your parent.

District of Columbia

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • District Law: D.C. Code § 47–2853.76e
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Florida

  • Minimum Age: 16 years old
  • State Law: Chapter 381, Section 00787 of the 2011 Florida Statutes
  • Parental Consent and Presence Required: A minor that is 16 or 17 can receive a tattoo provided they are accompanied by a parent or legal guardian, who must present valid identification. Additionally, written notarized consent from the parent or legal guardian is required, and the tattooing must be completed by a licensed tattoo artist. Tattooing a minor child who is under 16 years old is prohibited, unless the tattooing is conducted for medical or dental reasons by an individual who is licensed to practice medicine or dentistry.
  • Emancipated Minors: An emancipated minor cannot get a tattoo until they turn 18 years old.

Georgia

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: O.C.G.A. § 16-5-71
  • Parental Consent: In Georgia, it is unlawful to tattoo individuals under the age of 18 unless the procedure is performed by a licensed osteopath or a technician working under the direct oversight of a licensed physician or osteopath. Parental consent is not permitted.
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Hawaii

  • Minimum Age: 18 years old
  • State Law: Haw. Code R. § 11-17-7
  • Parental Consent Required: It is unlawful to tattoo anyone under 18 years old unless their parent or legal guardian has provided written permission. All written consents must be stored at the tattoo shop for reference.

Idaho

  • Minimum Age: 18 years old (outright prohibition on minors under 14).
  • State Law: Idaho Code § 18-1523
  • Parental Consent Required: For individuals aged 14 to 18, a parent or legal guardian must be present and grant written consent for a tattoo. Nonetheless, certain tattoo studios may implement their own policies, which could include a requirement for clients to be at least 16 years old.
  • Emancipated Minors: Legally emancipated minors may get a tattoo if they present their legal decree or marriage certificate and a government-issued photo ID.

Illinois

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent, except when the tattooing is performed by a physician or licensed technician under a physician’s supervision.).
  • State Law: 720 ILCS 5/12C-35
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Indiana

  • Minimum Age: 18 years old
  • State Law: Indiana Code § 35-45-21-4
  • Parental Consent and Presence Required: A tattoo can be given to an individual under the age of 18 if the parent or legal guardian is present and supplies written consent.

Iowa

  • Minimum Age: 18 years old (outright prohibition on younger, unmarried minors).
  • State Law: DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING, §10A.531
  • Emancipated Minors: Legally emancipated minors may get a tattoo if they present their legal decree or marriage certificate and a government-issued photo ID.

Kansas

  • Minimum Age: 18 years old
  • State Law: Kansas Code – 65-1953
  • Parental Consent and Presence Required: Written permission notarized from a parent or legal guardian is required, and the person who gives this consent must be present during the procedure.
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Kentucky

  • Minimum Age: 16 years old (outright prohibition on younger minors).
  • State Law: Title 902 Chapter 45 Regulation 065 Section 7
  • Parental Consent Required: Custodial parental or legal guardian written notarized consent allowed for minors.

Louisiana

  • Minimum Age: 18 years old
  • State Law: RS 14:93.2
  • Parental Consent and Presence Required: It is against the law for anyone to tattoo someone under eighteen unless they have permission from a parent or guardian who is present with them.

Maine

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: Maine Revised Statutes Title 32, § 4203
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Maryland

  • Minimum Age: 18 years old
  • State Law: Code of Md. Regulations, 10.06.01.06
  • Parental Consent Required: Written parental consent allowed for minors.
  • Emancipated Minors: Legally emancipated minors may get a tattoo if they present their legal decree or marriage certificate and a government-issued photo ID.

Massachusetts

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: Model Regulations for Body Art Establishments
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Michigan

  • Minimum Age: 18 years old
  • State Law: MCL – Section 333.13102
  • Parental Consent Required: A tattoo artist may not perform procedures on a minor without obtaining prior written consent from the minor’s parent or legal guardian. This consent must be provided in person and the guardian must also present proof of the minor’s birth certificate or legal guardianship to confirm their authority to consent.
  • Emancipated Minors: Legally emancipated minors may get a tattoo if they present their legal decree or marriage certificate and a government-issued 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”.

Minnesota

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: 2023 Minnesota Statutes 146B.07
  • Parental Consent Required: Parental consent allowed for minors.
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Mississippi

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: Miss.Code Ann. § 73-61
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Missouri

  • Minimum Age: 18 years old
  • State Law: RSMo Section 324.520
  • Parental Consent Required: Tattooing is prohibited for those under 18 without written consent from a parent or legal guardian in the presence of the tattoo artist.
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Montana

  • Minimum Age: 18 years old
  • State Law: Tattooing and Piercing Establishments Administrative Rules Section 37.112.144
  • Parental Consent and Presence Required: Minors under 18 can get a tattoo with a parent or guardian present to sign a consent form, provided they show a valid ID and birth certificate. Both must have matching last names, or documentation of a name change or legal guardianship is needed, and the parent must remain during the procedure.

Nebraska

  • Minimum Age: 18 years old
  • State Law: Nebraska Revised Statute 38-10,165
  • Parental Consent and Presence Required: Parental consent allowed for minors, and the parent or court-appointed guardian must be present during the tattoo procedure.

Nevada

  • Minimum Age: 18 years old

New Hampshire

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: N.H. Rev. Stat. § 314-A:8

New Jersey

  • Minimum Age: 18 years old
  • State Law: N.J. Rev. Stat. Section 2C:40-21
  • Parental Consent Required: Tattooing a minor under age 18 requires written permission of the minor’s parent or legal guardian.

New Mexico

  • Minimum Age: 18 years old
  • State Law: HB 790
  • Parental Consent Required: A body art establishment must verify that all customers are at least 18 years old before providing services. For customers aged 17 or younger, they must show a notarized consent form from a parent or legal guardian. This consent must be delivered in person by the parent or guardian, as individuals under 18 cannot deliver it themselves. Additionally, the parent or guardian must provide a photo ID.

New York

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: Section 260.21 of New York State Penal Law
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

North Carolina

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: N.C. Gen. Stat. § 14-400
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

North Dakota

  • Minimum Age: 18 years old
  • State Law: N.D. Code § 12.1-31-13
  • Parental Consent and Presence Required: Parental consent allowed for minors, and the parent must be present during the tattoo procedure.

Ohio

  • Minimum Age: 18 years old
  • State Law: Ohio Rev. Code Ann. § 3730.06
  • Parental Consent and Presence Required: Parental consent allowed for minors, and the parent must: a) be present during the tattoo procedure, b) sign a document explaining the procedure, c) present a valid state ID for them and the minor, and d) provide a birth certificate connecting the parent and minor.
  • Emancipated Minors: An emancipated minor can get a tattoo because they are considered independent and can consent to their own medical treatment.

Oklahoma

Oregon

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: Oregon Health Authority, Health Licensing Office – Chapter 331-915-0065
  • Parental Consent: Tattooing services may be provided to individuals under 18 years of age only if supported by a physician’s statement authorizing or recommending the procedure and they have parental consent.
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

Pennsylvania

  • Minimum Age: 18 years old
  • State Law: Pa. Cons. Stat. Title 18 § 6311
  • Parental Consent and Presence Required: Parental consent allowed for minors, and the parent must be present during the tattoo procedure.
  • Emancipated Minors: Emancipated minors might be exempt from these regulations if they can present legal documentation verifying their status.

Rhode Island

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent). Tattooing a minor under 18 years of age is only permissible with a medical exemption.
  • State Law: R.I. Gen. Laws Tit. 11. Criminal Offenses § 11-9-15
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

South Carolina

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: S.C. Code § 44-34-100
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

South Dakota

  • Minimum Age: 18 years old
  • State Law: S.D. Codified Laws Ann. § 26-10-19
  • Parental Consent Required: If you are under 18, you will need a signed consent from your parent or legal guardian, and some tattoo shops may request that this consent be notarized.

Tennessee

  • Minimum Age: 18 years old (outright prohibition on minors 16 and older, except when covering up an existing tattoo).
  • State Law: Tenn. Code § 62-38-211
  • Parental Consent: Parental consent allowed for minors aged 16 and above with parental supervision only for the purposes of covering up and existing tattoo.

Texas

  • Minimum Age: 18 years old (prohibition on younger minors, even if they have parental consent, except for covering an existing tattoo).
  • State Law: RULE § 229.406 – Texas Administrative Code; Laws in Texas for Tattoos: Minimum Age and Other Restrictions.
  • Parental Consent Required: A minor’s parent or guardian can approve covering an existing tattoo for those under 18, especially if it features offensive content. Clients must present a valid government-issued photo ID with their date of birth. For those 17 or younger, a parent or guardian must be present during the procedure.

Utah

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent). Tattooing a minor under 18 years of age is only permissible if authorized or prescribed by a physician.
  • State Law: Utah Code Ann. § 76-10-2201
  • Parental Consent Required: No tattoo or permanent cosmetic procedure may be performed on anyone under the age of 18, even if parental consent is provided, unless it is recommended or approved by a physician.

Vermont

  • Minimum Age: 18 years old
  • State Law: Vt. Stat. Ann. Tit. 26 § 4101
  • Parental Consent Required: Minors who are under 18 years of age may receive a tattoo if they obtain written permission from a parent or guardian.

Virginia

  • Minimum Age: 18 years old
  • State Law: Va. Code § 18.2-371.3
  • Parental Consent and Presence Required: To get a tattoo without requiring parental or guardian consent or medical supervision, individuals must be at least 18 years old. For those under 18, tattoos are allowed only in the presence of a parent or guardian who has given their approval.

Washington

  • Minimum Age: 18 years old (outright prohibition on younger minors, even if they have parental consent).
  • State Law: Wash. Code § 26.28.085
  • Emancipated Minors: An emancipated minor cannot get a tattoo because the law states you must be 18.

West Virginia

  • Minimum Age: None specified. Individuals under the age of 16 are prohibited from receiving tattoos.
  • State Law: W. Va. Code § 16-38-3
  • Parental Consent Required: Min

Comments

No comments yet. Why don’t you start the discussion?

Leave a Reply

Your email address will not be published. Required fields are marked *