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{{Short description|Concept of family law}}
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{{More citations needed|date=October 2018}}
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{{Youth rights sidebar}}
{{Family law}}
{{Use dmy dates|date=January 2020}}▼
'''Emancipation of minors''' is a legal mechanism by which a
Depending on jurisdiction, a child may be emancipated by acts such as [[child marriage]], attaining economic self-sufficiency, obtaining an educational [[academic degree|degree]] or [[diploma]], or [[military service]]. In the United States, all states have some form of emancipation of minors.<ref>{{cite web |title=Emancipation of Minors |url=https://www.law.cornell.edu/wex/emancipation_of_minors |website=Wex |publisher=Cornell Law School |access-date=24 September 2020}}</ref><ref>{{cite web |title=Emancipation |url=https://www.courts.ca.gov/selfhelp-emancipation.htm |website=California Courts |access-date=24 September 2020}}</ref>▼
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, when a child's needs are not provided by a parent, the child is often deemed a ward of the state and receives a court-appointed guardian.{{citation needed|date=May 2024}}▼
▲'''Emancipation of minors''' is a legal mechanism by which a child before attaining the [[age of majority]] (a [[Minor (law)|minor]]) is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for the child.<ref name=expertlaw/> Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.
==History==
▲Depending on jurisdiction, a child may be emancipated by acts such as [[marriage]], attaining economic self-sufficiency, obtaining an educational [[academic degree|degree]] or [[diploma]], or [[military service]]. In the United States, all states have some form of emancipation of minors.<ref>{{cite web |title=Emancipation of Minors |url=https://www.law.cornell.edu/wex/emancipation_of_minors |website=Wex |publisher=Cornell Law School |access-date=24 September 2020}}</ref><ref>{{cite web |title=Emancipation |url=https://www.courts.ca.gov/selfhelp-emancipation.htm |website=California Courts |access-date=24 September 2020}}</ref>
In [[Roman law]] the father of the extended household, the ''[[pater familias]]'', exercised autocratic authority through ''patria potestas'' including his wife, his children and his slaves. Such rights persisted through feudal and English [[common law]], assigning most people the status of personal property (chattel). In common law, emancipation is the freeing of someone from this control. It grants the emancipated the ability to legally engage in civil actions, and frees the former owner of liability.
In common-law jurisdictions, [[chattel slavery]] was abolished during the 19th century and married women were given [[Women's rights|independent rights]] during the 19th and at the start of the 20th century. Later during the 20th century, common law jurisdictions split over both [[children's rights]] and [[youth rights]]; in some, such as the USA, a traditional father's control became a right to shared parental control and emancipation remained a remedy for mature minors, but in others, for example England, the idea of absolute control over minors has been repudiated; parent's responsibilities are emphasized and children's rights promoted. In these jurisdictions, the rights of minors to act on their own behalf are granted on a case-by-case basis if a minor can show the capacity and maturity to handle them, and juvenile emancipation from control is deemed unnecessary.
▲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, when a child's needs are not provided by a parent, the child is often deemed a ward of the state and receives a court-appointed guardian.
An emancipated minor does not simply acquire all rights of an adult; likewise, a child does not lack such rights merely because they are not emancipated. For example, in the US minors have some rights to consent to medical procedures without parental consent or emancipation, under the [[Mature minor doctrine|doctrine of the mature minor]]. In England a minor may still not own and administer land.<ref>{{cite web|title=Law of Property Act, England, 1925, 1(9)|url=https://www.legislation.gov.uk/ukpga/Geo5/15-16/20|website=legislation.gov.uk|publisher=The National Archives|access-date=11 February 2018}}</ref> Also in any jurisdiction statute law may limit action due to insufficient age, such as the purchase of alcohol or the right to drive on public roads, without regard to capacity.
==Global understanding of emancipation ==
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
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 |
==Routes to emancipation==
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==United States==
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
In special circumstances, minors can be freed from control by their guardians (i.e. emancipated) before they reach the age of majority.
===Parental duties===
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Emancipation laws and processes vary from state to state. In most states, minors seeking emancipation must file a [[petition]] with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons it is in their best interest to be emancipated, and must show financial self-sufficiency. In some states, free [[legal aid]] is available to minors seeking emancipation, through children law centers. This can be a valuable resource for minors in framing an emancipation petition. Students are able to stay with a guardian if necessary. In some states, an emancipation petition may be filed by a parent, for example in Alabama.
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>
Where a [[statute of limitations]] for bringing a legal action is [[tolling (law)|tolled]] while a person is a minor, emancipation will usually end that tolling.
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*[[Age of consent]]
*[[Mature minor doctrine]]
*[[Gillick competence]]
*[[Age of majority]]
*[[Marriageable age]]
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==External links==
*[https://www.law.cornell.edu/
▲{{Use dmy dates|date=January 2020}}
{{DEFAULTSORT:Emancipation Of Minors}}
[[Category:American legal terminology]]▼
[[Category:Family law]]
▲[[Category:American legal terminology]]
[[Category:Youth rights]]
[[Category:Emancipation]]
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