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Consent Form
I need a consent form for a medical research study that clearly explains the purpose of the study, potential risks and benefits, and ensures participants understand their right to withdraw at any time without penalty. The form should be written in plain language and include a section for parental consent for participants under 18.
What is a Consent Form?
A Consent Form is a legal document that clearly outlines what someone agrees to and protects both parties involved. In South African law, these forms play a crucial role in medical procedures, research studies, data collection, and business activities - making sure everyone understands their rights and responsibilities.
The form must explain key details in plain language, following requirements set out in laws like POPIA (Protection of Personal Information Act). It needs to spell out what's being agreed to, any risks involved, how information will be used, and give people the right to withdraw their consent. Most importantly, it creates a clear record that proper permission was given.
When should you use a Consent Form?
Use a Consent Form anytime you need documented permission before taking action that affects someone else. In South Africa, this includes medical procedures, research participation, collecting personal data under POPIA, or using someone's image or information for marketing. The form becomes essential when working with minors, conducting clinical trials, or handling sensitive personal information.
Many business activities also require formal consent - like financial services applications, employment contracts, or participation in training programs. Getting proper consent upfront protects your organization from legal challenges and shows respect for individual rights. It's particularly important when dealing with vulnerable groups or collecting biometric data.
What are the different types of Consent Form?
- Letter Of Consent: Standard all-purpose consent document used for general permissions and authorizations in business settings
- Parental Consent Form: Comprehensive form for parents to authorize activities involving their children, like school trips or medical treatment
- Parent Consent Form For Passport: Specialized form required for minor's passport applications or international travel
- Consent Form For Research: Detailed document for research participants, outlining study procedures and rights
- Parental Consent Letter: Less formal alternative to the standard form, often used for simple permissions or temporary authorizations
Who should typically use a Consent Form?
- Healthcare Providers: Doctors, hospitals, and medical practitioners who need patient consent for procedures, treatments, and sharing medical information
- Research Institutions: Universities and research organizations using consent forms to protect study participants and comply with ethical guidelines
- Business Organizations: Companies collecting personal data under POPIA, requiring customer consent for marketing or information processing
- Educational Institutions: Schools and universities obtaining parental consent for activities, field trips, and student data handling
- Legal Professionals: Lawyers and compliance officers who draft and review consent forms to ensure they meet regulatory requirements
- Government Departments: Officials processing applications and documents requiring formal consent, like passport applications or identity verification
How do you write a Consent Form?
- Purpose Statement: Define exactly what activities or permissions the consent form will cover
- Party Details: Gather full names, contact information, and legal capacity of all involved parties
- Clear Description: Write out specific actions, timeframes, and any limitations in simple, clear language
- Risk Disclosure: List potential risks or consequences the consenting party should understand
- Legal Requirements: Check POPIA and relevant industry regulations for mandatory disclosures
- Signature Format: Decide on physical or electronic signatures based on your needs
- Document Generation: Use our platform to create a legally-sound consent form that includes all required elements
What should be included in a Consent Form?
- Clear Title: Document must be clearly marked as a Consent Form with specific purpose stated
- Party Information: Full legal names, contact details, and identification numbers of all involved parties
- Scope Statement: Precise description of what is being consented to, including any limitations
- POPIA Compliance: Specific details about how personal information will be collected, used, and protected
- Voluntary Declaration: Statement confirming consent is given freely without coercion
- Withdrawal Rights: Clear explanation of how and when consent can be withdrawn
- Signature Block: Space for dated signatures, witness details if required
- Plain Language: All terms explained clearly as required by Consumer Protection Act
What's the difference between a Consent Form and an Authorization Form?
A Consent Form and an Authorization Form are often mistaken for each other in South African business and legal contexts. While both documents grant permission, they serve distinct purposes and carry different legal weights.
- Scope and Purpose: Consent Forms typically deal with personal rights, medical procedures, or data protection under POPIA, while Authorization Forms focus on delegating specific powers or permissions to act on someone's behalf
- Legal Framework: Consent Forms are heavily regulated by privacy laws and industry-specific regulations, whereas Authorization Forms fall under general contract and agency law
- Duration: Consent Forms usually cover specific actions or time periods and can be withdrawn, while Authorization Forms often grant ongoing powers until explicitly revoked
- Formality Requirements: Authorization Forms typically need witness signatures or commissioner of oaths verification, while Consent Forms generally require only the consenting party's signature
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