How to Create a Marriage and Family Therapy Informed Consent Form for Couples and Marriage Counseling (with Free Template)
This guide walks a marriage and family therapist or couples counseling practice owner through the ten substantive steps of building an informed consent form that satisfies AAMFT Code of Ethics 1.1, captures dual-partner consent appropriately, addresses the no-secrets policy, and survives custody-related records requests. Each step is one paragraph of working guidance. Estimated time end-to-end: 45 minutes from blank document to signed PDF when using an AI form builder. Formfy is the AI form builder MFT and couples practices use; the same builder produces the consent form, captures independent signatures from each partner, and stores the audit trail behind a Business Associate Agreement under 45 CFR 164.314.
Before you start, gather seven pieces of information: (1) your service scope and modality framework, (2) your no-secrets policy choice, (3) the CPT billing code (typically 90847 for conjoint), (4) the per-session fee and insurance status, (5) the telehealth platform and BAA status if applicable, (6) the state custody-records framework citation, and (7) the supervisor name with AAMFT Approved Supervisor or state-equivalent designation if pre-licensure. With those seven inputs, the substantive drafting takes under 45 minutes. Without them, the consent cannot be drafted because the scope, fee, and supervision clauses cannot be filled in.
Step 1: Define service scope (couples vs family vs systemic vs Gottman vs IFS)
Begin by stating exactly which services the practice offers and the modality framework you use. Couples therapy with two partners, family therapy with parents and children or extended family, and systemic interventions for relational systems are distinct services with different consent requirements. Name the modality framework: Gottman Method Couples Therapy, Emotionally Focused Therapy (EFT) for couples, Internal Family Systems (IFS) applied to relational work, Bowenian family systems, Structural Family Therapy, or eclectic systemic. Name the populations served (heterosexual couples, same-sex couples, polyamorous configurations, blended families, separated co-parents) and the populations not served (active intimate partner violence requiring safety intervention, families with active child abuse requiring protective services involvement). State session format: typical couples therapy is 50 to 80 minutes with both partners present; typical family therapy is 60 to 90 minutes with named participants. The AAMFT Code of Ethics 3.6 requires therapists to practice within their boundary of competence and refer when scope exceeds expertise.
Step 2: Document AAMFT Code of Ethics 1.1 informed consent for all participants
AAMFT Code of Ethics Subprinciple 1.1 (Disclosure to Clients) requires marriage and family therapists to disclose, in language that clients understand, the limits of confidentiality, the nature of the therapeutic relationship, the qualifications of the therapist, the foreseeable risks and benefits, the alternatives, and any policies that might affect the therapeutic relationship. Critical for couples and family therapy: every adult participant must give individual informed consent, not just the identified patient or the couple as a unit. Document each consent separately. Each partner signs the consent independently with the disclosure of the limits of confidentiality, the no-secrets policy or alternative, the use of records, and the limits of representation in subsequent legal proceedings. AAMFT 1.2 (Informed Consent) reinforces this requirement. Failure to document independent consent from each adult participant is a top licensing board complaint pattern in MFT practice.
Step 3: Disclose the no-secrets policy or alternative explicitly
The no-secrets policy is the dominant clinical convention in couples and family therapy: the therapist will not maintain individual secrets from other participants where the secret is clinically relevant to the relational work. The alternative is the no-secrets-for-things-relevant-to-treatment policy, which permits the therapist to hold confidences that are not relevant to the therapeutic work (an undisclosed historical affair the partner intends to never act on, a personal medical history not affecting the relationship). The AAMFT Code of Ethics 1.4 (Confidentiality) requires the policy to be disclosed up front so each partner can make an informed decision about disclosure. Document the policy clearly: I will not maintain individual secrets from your partner where the secret materially affects our therapeutic work. Or alternative: I may hold individual confidences provided the confidence does not materially affect our therapeutic work; if it does, I will inform the disclosing partner that I cannot continue without disclosure or referral. The choice has clinical and ethical consequences; document the choice and the rationale.
Step 4: Address custody-related disclosure obligations
Couples and family therapy patients are frequently in active or impending custody disputes, and the consent form must address custody-related disclosure obligations. State that the therapist will not provide custody recommendations or testify as a child custody evaluator absent explicit appointment by the court for that purpose, because AAMFT Code of Ethics 3.14 (Therapist-Client Conflicts) and similar APA and ACA provisions prohibit serving as both treating clinician and forensic evaluator. State the records access framework: where one parent has sole legal custody, only that parent may authorize records release for a minor child; where parents share legal custody, either parent may authorize records release absent a court order to the contrary; where parents disagree, the therapist may decline to release records absent court direction. State that subpoena response will follow the standard subpoena protocol under HIPAA 45 CFR 164.512(e). State-specific custody law varies; cite the applicable state custody framework citation in the consent template.
Step 5: Reference AAMFT supervision standards
If the practice includes pre-licensure clinicians or trainees, document the supervision arrangement explicitly. AAMFT Code of Ethics 4.1 (Ethical Responsibility to Supervisees, Students, and Other Trainees) governs supervised work. The AAMFT Approved Supervisor designation is the national supervision credential for marriage and family therapists; some states recognize the AAMFT Approved Supervisor as an automatic state-equivalent designation, while other states have separate state-specific supervision titles (California Board of Behavioral Sciences MFT Supervisor, Texas State Board of Examiners of Marriage and Family Therapists Supervisor, and others). Document the supervisor name, AAMFT Approved Supervisor or state-equivalent designation, license number, and contact information. Pre-licensure MFT clinicians (Marriage and Family Therapist Trainee, Associate Marriage and Family Therapist) must disclose pre-licensure status under AAMFT 4.6 and provide supervisor information so clients understand the supervisory arrangement and can address concerns.
Step 6: Document CPT 90847 conjoint therapy billing
CPT 90847 (Family psychotherapy with the patient present) is the primary billing code for couples therapy with both partners and for family therapy with the identified patient and family members in attendance. The code requires an identified patient with a DSM-5-TR diagnosis. Insurance reimbursement for 90847 typically falls between 90 and 110 percent of individual psychotherapy rates depending on payer. CPT 90846 (Family psychotherapy without the patient present) covers sessions where the family meets without the identified patient present (typical for parental coaching with an absent adolescent). CPT 90849 (Multi-family group psychotherapy) applies when multiple identified-patient families meet together. Most couples therapy is billed under 90847 with one partner as the identified patient. Document the billing approach, the identified patient designation in two-partner work, the No Surprises Act good faith estimate under 45 CFR 149.610 for self-pay patients, and the network status of the practice. State the per-session fee in dollar terms and the no-show policy.
Step 7: Distinguish court-ordered family therapy from voluntary
Court-ordered family therapy, often appearing in custody, dependency, and reunification contexts, has different consent dynamics than voluntary family therapy. Document four things: (1) the participation is not voluntary and the therapist has reporting obligations to the court or child protective services; (2) the therapist may not be able to provide therapeutic confidentiality the same way as in voluntary work because reporting requirements are broader; (3) the therapist will not provide custody recommendations absent court appointment for that purpose, and the therapist will limit court reports to attendance, participation, and therapeutic progress unless the court order specifically requires substantive content reporting; (4) the participant may withdraw, but withdrawal will be reported to the court. AAMFT Code of Ethics 3.14 (Therapist-Client Conflicts) requires therapists to clarify their role and avoid dual roles that compromise the therapy. Some states require specific consent language for court-ordered family programs; review state-specific requirements.
Step 8: Address telehealth couple and family considerations (multi-state)
Telehealth couples and family therapy raises a unique multi-state consideration: partners may be physically located in different states at the time of the same session (a partner traveling for work, partners separated and living in different states, geographically distributed family members joining a family session). The therapist must be licensed in every state where every participant is physically located, or rely on interstate compact participation. The Counseling Compact, fully operational in 2024, allows LPCs to practice across compact member states. Some states have not joined any compact, requiring full licensure for any session participant in that state. State the consent: each participant must verify their physical location at the start of each session and the therapist may need to reschedule if participant location creates an out-of-jurisdiction conflict. State the technology platform with BAA coverage under 45 CFR 164.314 (Zoom for Healthcare, Doxy.me, SimplePractice Telehealth). State the privacy expectation: each participant must use a private space free from non-participant observers. State the emergency protocol with each participant address verification.
Step 9: Document dual relationships under AAMFT 3.1
AAMFT Code of Ethics 3.1 (Therapist-Client Sexual Intimacy) prohibits sexual intimacy with current clients, and AAMFT 3.4 prohibits sexual intimacy with former clients for at least two years after termination. AAMFT 3.5 (Multiple Relationships) prohibits multiple relationships with clients that could impair professional judgment, increase the risk of exploitation, or harm the client. Couples and family therapy adds complexity because the relational system creates more opportunities for dual relationships: a therapist may not later provide individual therapy to one partner with whom the therapist had a couples therapy relationship without addressing the dual-role implications, may not provide consultation services to a former client family member, and must avoid social or business relationships with any participant in the family system. Document the policy on dual relationships in the consent. State the post-termination restrictions and the rationale (preserving therapeutic boundaries protects the entire family system, not just one individual).
Step 10: Address records requests by individual partners (AAMFT 4.4)
AAMFT Code of Ethics 4.4 (Adequate Records) and 1.4 (Confidentiality) govern records access. In couples and family therapy, records requests by an individual partner raise complex questions because the records contain information about other participants. Document the records access policy: (1) when an individual partner requests records, the therapist will release only the records of that individual partner (sessions where only that partner was present, the partners individual chart sections, the partners own statements in conjoint sessions); (2) records of other participants and joint session content that involves other participants will not be released without authorization from those other participants; (3) for minor children, records access follows custody law; (4) for divorce or custody litigation, the therapist will assert applicable privilege under state evidentiary law absent waiver from all participants. State that the practice records structure (separate individual sections plus joint session notes) facilitates partial release. Capture e-signatures with a tamper-evident audit trail under the federal ESIGN Act (15 U.S.C. 7001), with the platform operating under a HIPAA Business Associate Agreement under 45 CFR 164.314.
Free template and downloadable PDF
Formfy ships a marriage and family therapy informed consent template that maps one-to-one to the ten steps in this guide. The template captures independent signatures from each adult participant in a single workflow: each partner receives their own signing link, the no-secrets policy is acknowledged separately, and the custody-related disclosure is captured per partner. The PDF version is generated automatically when each participant signs and stored alongside the audit trail behind a HIPAA Business Associate Agreement under 45 CFR 164.314.
See also: /faq/couples-marriage-counseling-marriage-and-family-therapy-informed-consent for the FAQ companion hub covering the most common couples and marriage counseling consent questions.
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Start your free trialLast verified: 2026-04-25. This page is informational; it is not legal or clinical advice. Marriage and family therapists should review state-specific custody-records frameworks, telehealth licensure compact participation, no-secrets policy norms, and AAMFT Code of Ethics applications with counsel and their licensing board.