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Emancipation of minors
From Wikipedia, the free encyclopedia
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Emancipation of minors is a legal mechanism through which a person below the age of majority gains certain civil rights, generally identical to those of adults. An emancipated minor is free of any authority from his or her parent or other legal guardian. The extension of these rights, as well as the remaining prohibitions, vary according to the jurisdiction.
In most countries of the world, adolescents below the legal age of majority may be emancipated somehow: through marriage, economic self-sufficiency, educational degree/diploma or pregnancy.
In some cases, parental consent is needed to achieve the "emancipated" status. In some cases, court permission is necessary.
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The emancipation status may affect differently the working age, the voting age, the driving age, the age of consent and the age of criminal responsibility, among others.
When emancipation is obtained by marriage, the emancipation age is usually equivalent to the marriageable age.
The general philosophy behind emancipation laws is that adolescents in general mature at different ages, not only biologically, but also mentally, emotionally and socially.
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- United States
- In the United States, each state has its own laws regarding the emancipation of minors, and many states deem minors to be automatically emancipated if they marry. Once emancipated, a child is not guaranteed any aid from his or her parents. However, the minor may go in and out of emancipation for support.
- California
- Under California law, the minor must be at least 14, be living apart from his/her parents, and be proven to have the means to support him/herself. An emancipated minor has the ability to legally sign for himself/herself, something a normal minor cannot do.
- Colorado
- Under Colorado law, emancipation is a factual circumstance to be determined by a court as it evaluates other legal questions, such as child support obligations, and only rarely arises as a result of a formal application of a child seeking emancipation. There is no universal statutory definition of emancipation prior to the age of majority. Generally, a minor is considered emancipated when the minor is self-supporting and living independently.
- Texas
- Under Texas law, "emancipation" per se does not exist. It is called "removal of disabilities of minority." The requirements for this are: the minor must be "17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian", a resident of Texas, and "self-supporting and managing [their own] financial affairs," according to Section 31.001 of the Texas Family Code. An emancipated minor may sign contracts.
- Utah
- In 2006, Utah established a statutory basis for emancipation. A minor must file a petition and prove the grounds for emancipation including the ability to support and best interest. Prior to the statutory enactment, emancipation was a common law doctrine almost never used with the exception of when a minor would marry.