Informed Assent Form Template for the United States

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What is a Informed Assent Form?

The Informed Assent Form is a crucial document in U.S. research involving minors, required by federal regulations including 45 CFR 46 and 21 CFR 50. This document serves as a tool for explaining research procedures to young participants in age-appropriate language, while acknowledging their developing autonomy. It differs from informed consent in that it seeks the minor's agreement while still requiring parental permission. The form must be approved by Institutional Review Boards (IRBs) and typically includes explanations of procedures, risks, benefits, and the voluntary nature of participation.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

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A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

United States

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Informed Assent Form

An Informed Assent Form is a specialized legal document you'll need when conducting research involving minor participants under 18 years of age. Unlike standard informed consent forms designed for adults, this document uses age-appropriate language to help children and adolescents understand what participation in your research study involves. You must obtain both the minor's assent and parental permission to legally include young participants in most research studies.

When do you need this document?

You need an Informed Assent Form whenever your research study involves participants under 18 years old. This applies to academic research, clinical trials, psychological studies, educational research, and medical device testing. If you're conducting a study at a university, hospital, or research institution that involves collecting data from minors through surveys, interviews, medical procedures, or behavioral observations, you must use this form. The document becomes particularly crucial in pediatric clinical trials, school-based research programs, and developmental psychology studies where children's participation is essential to the research objectives.

Key legal considerations

Your Informed Assent Form must clearly explain the study purpose, procedures, duration, and any potential risks or benefits in language appropriate for the child's age and maturity level. You need to emphasize that participation is completely voluntary and that the minor can withdraw at any time without penalty. The form should address confidentiality protections, including how the child's information will be stored and shared. You must also explain any compensation or incentives offered for participation. Remember that assent is not legally binding consent – you still need separate parental permission forms. The document must be approved by your institution's Institutional Review Board (IRB) before use, and you may need different versions for different age groups within your study population.

Legal requirements in United States

Under federal regulations 45 CFR 46 (the Common Rule) and 21 CFR 50, you must obtain informed assent from minors capable of providing it, typically children 7 years and older, though IRBs may set different age thresholds. The form must comply with HIPAA Privacy Rule requirements if you're collecting health information. Your research institution's IRB will determine the specific assent requirements based on the research risk level, participant age range, and study nature. Some states have additional requirements regarding the age of assent or specific protections for minors in research. FDA-regulated studies involving children must follow additional FDA guidance on pediatric research. The form language must be appropriate for the target age group, and you may need to create multiple versions for different developmental stages within your participant population.

GOVERNING LAW

Applicable law

This Informed Assent Form is drafted to comply with United States law. Key legislation includes:

45 CFR 46 (Common Rule): Federal regulation for the protection of human subjects in research, providing basic requirements for informed consent/assent processes

21 CFR 50: FDA regulations on Protection of Human Subjects, specifically addressing informed consent requirements in FDA-regulated research

HIPAA Privacy Rule: Federal law governing the protection of medical and health information, relevant when health data is collected or stored

NIH Guidelines for Research Involving Children: Specific guidelines from the National Institutes of Health regarding the involvement of children in research, including assent requirements

45 CFR 46 Subpart D: Additional federal protections specifically for children involved in research, including requirements for assent and parental permission

State Age of Consent Laws: Varying state-specific requirements regarding the age at which individuals can provide legally valid consent or assent

State Human Subject Research Laws: State-specific requirements governing the conduct of human subject research and associated consent/assent processes

State Medical Privacy Laws: State-specific regulations regarding the protection of medical information, which may exceed federal HIPAA requirements

IRB Guidelines: Institutional Review Board requirements for research conduct, including specific formats and content for assent documentation

Reading Level Requirements: Guidelines for ensuring age-appropriate language and comprehension level in assent documentation

Documentation Requirements: Specific requirements for recording and maintaining assent documentation, including signatures and witness requirements

Confidentiality Protocols: Requirements for explaining and maintaining participant confidentiality, including data protection measures

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