Emancipation of minors: Difference between revisions

Even without a court proceeding, some jurisdictions will find a minor to be emancipated for purposes of making a decision in the absence of the minor's parents or guardians. For example, a child in most jurisdictions can enter into a binding contract to procure their own basic needs. However, in such cases wherewhen a child's needs are not provided for by a parent, athe child willis often be deemed a ward of the state and havereceives a court-appointed guardian.{{citation placedneeded|date=May in the role of the parent.2024}}

Common law countries that retain the idea of control and emancipation include Canada, South Africa, and the United States. Countries that have followed the route to gradual civic rights for adolescents include [[England and Wales]], Ireland, Australia and New Zealand. In these countries emancipation is unavailable. Statutory provision for juvenile emancipation has spread outside of common law jurisdictions, for example Brazil.<ref>{{cite web |title=National law and policies on minimum ages – Brazil |url=http://r2e.gn.apc.org/country-node/312/country-minimum |publisher=Right to Education Project |access-date=11 February 2018 |date=17 December 2003}}</ref>

In other countries some aspects of emancipation are in force. The right to engage in civil acts as an adult are granted after marriage, as is the freedom of liability for the parent.<ref>{{cite book |last1last=Knapp |first1first=Victor |title=International Encyclopedia of Comparative Law, Chapter 3 |date=1983 |publisher=Martinus Nijhoff Publishers |isbn=9024727871 |page=42 |url=https://books.google.com/books?id=EKoPfh4UuPAC |access-date=11 February 2018}}</ref> In Argentina, where there is no lower age limit on marriage, child marriage is sometimes used as a mechanism for emancipation.<ref>{{cite web |title=UNICEF review of legal minimum ages and the realization of adolescents' rights in Latin American countries |url=https://www.unicef.org/lac/20160406_UNICEF_Edades_Minima_Eng(1).pdf |publisher=UNICEF |access-date=11 February 2018 |date=January 2016}}</ref> The rights granted in such cases may not be as full as common-law emancipation.<ref>{{cite web|title=Argentinian Civil Code, sections 131-135 on emancipation following marriage|url=https://archive.org/stream/argentinecivilc00whelgoog/argentinecivilc00whelgoog_djvu.txt|website=Archive.org|access-date=11 February 2018}}</ref>

'''Implied''': When circumstances dictate that a child has become emancipated, even though no explicit agreement was made. Common reasons include marriage, military service, or other reasons given by statutory definition or through case law.

'''Partial''': A minor may be considered emancipated for some purposes and not others. A grant of partial emancipation may, for example, be given to homeless youths to allow them to consent to state housing programs.<ref>{{cite web|title=A Guide to Understanding the Emancipation of a Minor|url=http://www.cookcountycourt.org/Portals/0/County%20Division/emancipation%20zero%20eight.pdf|website=Cook County Circuit Court|publisher=State of Illinois|access-date=11 February 2018}}</ref> Marriage, incarceration, living apart, pregnancy and parenthood may automatically confer some of the rights of emancipation, particularly health consent and privacy in US states<ref>{{cite web|title=State Minor Consent Laws|url=https://www.freelists.org/archives/hilac/02-2014/pdftRo8tw89mb.pdf|publisher=Center for Adolescent Health & the Law|access-date=11 February 2018|date=January 2010}}</ref> unless, in most cases, the minor is younger than the absolute minimum age of emancipation in their state.

In general, minors are under the control of their parents or legal guardians until they attain the [[age of majority]] or are otherwise legally emancipated, at which point they legally become adults. In most states, the age of majority is upon reaching 18 years of age. The exceptions are [[Alabama]] and [[Nebraska]], where the age of majority is 19, and [[Mississippi]] and [[Puerto Rico]], where it is 21.<ref>{{cite web |title=2019 Code of Alabama Title 26 - Infants and Incompetents. Chapter 1 - General Provisions. Section 26-1-1 - Age of majority designated as 19 years. |url=https://law.justia.com/codes/alabama/2019/title-26/chapter-1/section-26-1-1/ |website=Justia |publisher=Justia |access-date=6 June 2021}}</ref><ref>{{cite web |title=Nebraska Revised Statute 43-2101 |url=https://nebraskalegislature.gov/laws/statutes.php?statute=43-2101 |website=Nebraska Legislature |publisher=Nebraska Legislature |access-date=6 June 2021}}</ref><ref>{{cite web |title=P.R. Laws tit. 31, § 971 |url=https://casetext.com/statute/laws-of-puerto-rico/title-thirty-one-civil-code/subtitle-1-persons/part-x-emancipation-and-majority/chapter-115-majority/971-age-of-majority-effects |website=Casetext |publisher=Casetext Inc. |access-date=6 June 2021}}</ref> Depending on state laws, minors may be able to obtain medical treatment, marry, or exercise other rights (such as driving, voting, etc.) before reaching the age of majority, without [[parental consent]].

In special circumstances, minors can be freed from control by their guardians (i.e. emancipated) before they reach the age of majority.<ref name=expertlaw>{{cite web |last1=Larson|first1=Aaron|title=How Can a Minor Get Emancipated |url=https://www.expertlaw.com/library/juvenile-law/how-can-minor-get-emancipated |website=ExpertLaw|access-date=11 February 2018|date=19 January 2018}}</ref> In some states, marriage automatically emancipates a minor, but not in [[Massachusetts]]. In some states (including [[California]] and [[Vermont]]), membership in the armed forces can also automatically emancipate a minor. In most states, other forms of emancipation require a court order, and some states set a minimum age at which emancipation can be granted. In general, an emancipated minor does not require parental consent to enter into contracts, get married, join the armed forces, receive medical treatment, apply for a passport, or obtainingobtain financing.

Emancipation is not readily granted because of the subjectivity and narrowness of the "best interest" requirement. Some minors have been victims of abuse. In most cases, the state's department of child services will be notified of potential abuse and the child may be placed in foster care. Other minors may seek emancipation for reasons such as being dissatisfied with their parents' or guardians' rules. In [[California]], a minor cannot use the excuse of not obeying the parent's reasonable and proper orders or directions of parents, and that minor could become a ward of the court, instead of being emancipated.<ref>[{{Cite web|url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=601]|title=Law section}}</ref>

*[https://www.law.cornell.edu/topicswex/Table_Emancipation.htmtable_emancipation Emancipation laws in the United States]