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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 [[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. Minors are normally considered [[competence (law)|legally incompetent]] to enter into [[contract]]s and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.
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}}
==History==
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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. 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 obtain financing.
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