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{{Short description|Concept of family law}}
{{multiple issues|
{{More citations needed|date=October 2018}}
{{globalize|date=July 2024|2=Anglosphere}}
}}
{{Youth rights sidebar}}
{{Family law}}
{{Use dmy dates|date=January 2020}}
'''Emancipation of minors''' is a legal mechanism by which a [[Minor (law)|minor]] before attaining the [[age of majority]] is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child.
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>▼
▲'''Emancipation of minors''' is a legal mechanism by which a [[Minor (law)|minor]] before attaining the [[age of majority]] is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their 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.
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}}▼
▲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>
▲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.
==History==
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==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 |last=Knapp |first=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>
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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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