# newborn of a minor, who signs the model release?



## GerryDavid (Jan 8, 2012)

Hopefully Ill be photographing a new born in the next few days, the mother is 17.  Do I need the mother of the newborn and the grandmother to sign the model release?  Im not sure how this one works since the grandmother doesnt have any authority over the newborn but its my understanding that the minor cant sign a contract themselves unless emancipated?

I know the first answer will be to contact a laywer and the second answer would be you dont need a model release to use it the pictures for advertising, but im just wondering how the pro's here would handle the situation.


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## unpopular (Jan 8, 2012)

Without speaking to an attorney, I'd think the safest thing to do would have the mother sign for the child, and the legal guardian of the minor parent to sign for her authorization.

So basically, the mother signs the release on behalf of the infant, and the guardian of the mother authorizes the minor parent to sign the release.

Though, this may be excessive and the only way to get the "right answer" is to talk to an attorney.


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## busyworld (Jan 8, 2012)

Not to worry at all.I think things go in a right way if you have an honest thought.


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## unpopular (Jan 8, 2012)

^^ no. if you need a release, you need a legally binding release. very few civil cases end up in court due to malice.


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## tirediron (Jan 8, 2012)

unpopular said:


> Without speaking to an attorney, I'd think the safest thing to do would have the mother sign for the child, and the legal guardian of the minor parent to sign for her authorization.
> 
> So basically, the mother signs the release on behalf of the infant, and the guardian of the mother authorizes the minor parent to sign the release.
> 
> Though, this may be excessive and *the only way to get the "right answer" is to talk to an attorney*.


Really, cover your options, do this.  A ten minute consult might cost you $50 - WELL worth it if there's an issue down the road!


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## tirediron (Jan 8, 2012)

busyworld said:


> Not to worry at all.I think things go in a right way if you have an honest thought.


It would be nice if they would, but sadly, that is NOT the way life works in many situations.  I'm sure there are many photographers here who could share horror stories of clients who have changed their minds!


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## c.cloudwalker (Jan 8, 2012)

What a pro would do is find a newborn whose mother is of age so as not to deal with this situation


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## naptime (Jan 8, 2012)

c.cloudwalker said:


> What a pro would do is find a newborn whose mother is of age so as not to deal with this situation



but these days it's easier to find a teen mom isn't it ? 

sad, but true


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## unpopular (Jan 8, 2012)

^^ not true.

http://www.babycenter.com/0_surprising-facts-about-birth-in-the-united-states_1372273.bc


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## gerardo2068 (Jan 8, 2012)

^^ it is true! It might not be around where you are. But there places where you it happening a lot. I personally saw many pregnant girls in high school uniform on many of my visit to those cities.  They go to school like that.


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## unpopular (Jan 8, 2012)

Statistics on a national level indicate that you are more likely to encounter a pregnant teen in 1970 than you would today. Perhaps in some locations this is not the case, but on average teen pregnancy continues to decline in the United States.

Furthermore, I very much doubt it was ever the case that there were more teen pregnancies than adult pregnancies. That assertion is just absurd.


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## c.cloudwalker (Jan 8, 2012)

naptime said:


> but these days it's easier to find a teen mom isn't it ?
> 
> sad, but true



Well, there are way too many teenage moms in the US and it is sad but I didn't think that your statement was true and unpopular's link seems not to agree with you.

Here in France parents are way more realistic about teenage sex, whether they like it or not, so that teenage girls on the pill are way more the norm than in the US and there are not so many teenage moms.


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## unpopular (Jan 8, 2012)

The issue of teen pregnancy is much more visible today than it was then. Schools offer a lot more support for teen parents and teen parenthood is much less stigmatized today. While teen pregnancy certainly disrupts the lives of the youth who make choices that result in pregnancy, it's a good thing that you see teen mothers in schools, that many high schools offer childcare and educational pathways that accommodate parenthood.

Making one major mistake in life shouldn't have to result in destitute poverty. As with any new parent, my wife and I are struggling enough, and we were well into our twenties and married when we planned on having a child. Parenthood is hard enough as it is.


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## KmH (Jan 8, 2012)

If you don't self-publish any of the newborn photos for self-promotion, you don't need a release.

Actually, you don't need a release to self-publish or self-promote, unless the people in the images you self-publish for self-promotion can be perceived as being advocates or sponsors of your business, which pretty much wouldn't include a newborn. You might need a release to self-publish for self-promotion images made under controlled conditions.

Making prints/DVD's for the client is not publishing.

If you are shooting people and don't have the $20 book A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things  you nay already be in legal hot water, just waiting for someone to scald you, badly.


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## tirediron (Jan 8, 2012)

KmH said:


> If you don't self-publish any of the newborn photos for self-promotion, you don't need a release.
> 
> Actually, you don't need a release to self-publish or self-promote, unless the people in the images you self-publish for self-promotion can be perceived as being advocates or sponsors of your business, which pretty much wouldn't include a newborn.
> 
> Making prints/DVD's is not publishing.


True, but ESPECIALLY when you're dealing with minors and minor children of minors, it's always worth taking the extra trouble to cover your butt!


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## KmH (Jan 8, 2012)

Which goes back to the fact the OP needs to talk to a lawyer that knows publication law, instead of seeking legal advice in a photography forum.


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## hugadinosaur (Jan 8, 2012)

c.cloudwalker said:
			
		

> What a pro would do is find a newborn whose mother is of age so as not to deal with this situation



Although I do not necessarily agree with the prospect of teen pregnancy... I don't think it would be right to take away their right to have pictures... Especially not knowing anything of their situation.  They may not live in the kind of circumstance you assume they may.


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## KmH (Jan 8, 2012)

A pro would be very reluctant to put themselves in an iffy legal situation.

I am not a lawyer, but I don't think a release signed by the parents of the 17-year old would apply to the newborn.

Unless the 17 year old is legally emancipated I think the OP should turn down the job. Another issue is the 17 year old cannot be legally bound to any contract she signs.


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## unpopular (Jan 8, 2012)

A minor can sign a contract if the minor's guardian authorizes the minor to do so.

It is true that the grandparents cannot sign for the infant, and it _may _be true that the parent cannot legally sign a contract, her parents can authorize her to sign for the infant. Just have everyone sign the release.


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## brush (Jan 8, 2012)

I was about to respond with what I would do in this situation, and it coincides with what people have said in this thread as well, but honestly, I don't think you should feel comfortable taking my advise on the matter. I'm in no way qualified to offer up a solution. It would seem logical that the mother signs for the baby and the grandmother signs to legalize the mothers signature as a minor, but I sincerely hope you don't go signing documents based on my "best guess."


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## mommy-medic (Feb 8, 2012)

I'm curious as to how this turned out? 

One thing nobody brought up- is she married? In some states giving birth means automatic emancipation of a minor, in others being married before 18 means automatic emancipation. Did either of these apply in your case?


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## GerryDavid (Feb 9, 2012)

she backed out.  it was a TFP deal so I can practice the shots and at first she was all for it and didnt have a problem with the model release.  then she didnt want to sign the model release but still wanted the shoot.  Once I explained there was no point in me doing the shoot for free with out the release they decided not to do the shoot.  Which I didnt mind, I was having slight kidney stone pains that day and it would have meant a 45 minute drive to their house.  Plus the boy was 6 days old and Ive read that the best time to do a newborn shoot is 4-6 days to get those cute poses.


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## DiskoJoe (Feb 10, 2012)

Yeah I would just have them both sign.


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