Emancipated Minor
What Is an Emancipated Minor?
An emancipated minor is a young person who can legally assume most of the rights and responsibilities of adulthood before reaching the age of majority. The age of majority is 18 or 19, depending on state law, and it is 21 in Puerto Rico.
Emancipated minors take responsibility for their own care, including financial, educational, housing, and medical decisions, and don’t need certain documents, such as child travel consent forms or minor powers of attorney. Parents or guardians make these decisions for their underage children who are not emancipated.
How a Minor Can Become Emancipated
Emancipation laws vary from state to state. Typically, minor emancipation follows one of these conditions:
- Enlisting in the U.S. Armed Forces: Military policies require enlistees to have a high school diploma (or GED).
- Getting married: Minors must follow their state’s minimum age requirements for marriage.
- Obtaining court permission: In most states, the minor must be at least 16 in order to petition the court for emancipation. The court will evaluate if emancipation is in the young person’s best interest.
A few states and territories also allow emancipation through parental consent.
What Are the Requirements for Minor Emancipation?
When faced with an emancipation petition, a state court will seek to determine if becoming emancipated is in a young person’s best interest. Here are some of the criteria the court will evaluate:
- ability to make mature decisions
- education level, including whether they are attending or have completed high school (or equivalent)
- current living conditions
- financial situation
In most states, minors must notify their parents or guardians that they filed a petition for emancipation. If they cannot do so or do not wish to do so, they must explain their reason to the court.
Then, the court will schedule a hearing where a judge hears evidence and asks questions in order to determine what is best for the minor.
If the court rules in favor of the petition, it will issue a legal document called a Declaration of Emancipation. The emancipated minor may need to provide copies of this declaration to doctors, schools, landlords, and any others who require parental consent.
What are the Rights of Emancipated Minors?
A minor might seek emancipation for a variety of reasons. If the minor has an income source of their own, it might be for financial reasons. Some young people want to get away from an unhealthy or even dangerous home environment.
The rights of an emancipated minor can vary according to state law. However, typically they can:
- enter into legally binding contracts (such as leases and real estate purchases)
- live independent from parents or guardians
- enroll in school
- apply for a work permit
- keep any job-related income
- make healthcare decisions
- sue someone in court or be sued
However, there are some limits to what emancipated minors can do. For example, in many states, emancipated minors cannot get married, purchase alcohol, quit school, vote, or obtain a driver’s license before that state’s legal age to do so.
Helpful Resources:
Cornell Law - Emancipated Minor Definition
NCBI Bookshelf - Emancipated Minor
What Is an Emancipated Minor?
An emancipated minor is a young person who can legally assume most of the rights and responsibilities of adulthood before reaching the age of majority. The age of majority is 18 or 19, depending on state law, and it is 21 in Puerto Rico.
Emancipated minors take responsibility for their own care, including financial, educational, housing, and medical decisions, and don’t need certain documents, such as child travel consent forms or minor powers of attorney. Parents or guardians make these decisions for their underage children who are not emancipated.
How a Minor Can Become Emancipated
Emancipation laws vary from state to state. Typically, minor emancipation follows one of these conditions:
- Enlisting in the U.S. Armed Forces: Military policies require enlistees to have a high school diploma (or GED).
- Getting married: Minors must follow their state’s minimum age requirements for marriage.
- Obtaining court permission: In most states, the minor must be at least 16 in order to petition the court for emancipation. The court will evaluate if emancipation is in the young person’s best interest.
A few states and territories also allow emancipation through parental consent.
What Are the Requirements for Minor Emancipation?
When faced with an emancipation petition, a state court will seek to determine if becoming emancipated is in a young person’s best interest. Here are some of the criteria the court will evaluate:
- ability to make mature decisions
- education level, including whether they are attending or have completed high school (or equivalent)
- current living conditions
- financial situation
In most states, minors must notify their parents or guardians that they filed a petition for emancipation. If they cannot do so or do not wish to do so, they must explain their reason to the court.
Then, the court will schedule a hearing where a judge hears evidence and asks questions in order to determine what is best for the minor.
If the court rules in favor of the petition, it will issue a legal document called a Declaration of Emancipation. The emancipated minor may need to provide copies of this declaration to doctors, schools, landlords, and any others who require parental consent.
What are the Rights of Emancipated Minors?
A minor might seek emancipation for a variety of reasons. If the minor has an income source of their own, it might be for financial reasons. Some young people want to get away from an unhealthy or even dangerous home environment.
The rights of an emancipated minor can vary according to state law. However, typically they can:
- enter into legally binding contracts (such as leases and real estate purchases)
- live independent from parents or guardians
- enroll in school
- apply for a work permit
- keep any job-related income
- make healthcare decisions
- sue someone in court or be sued
However, there are some limits to what emancipated minors can do. For example, in many states, emancipated minors cannot get married, purchase alcohol, quit school, vote, or obtain a driver’s license before that state’s legal age to do so.
Helpful Resources:
Cornell Law - Emancipated Minor Definition
NCBI Bookshelf - Emancipated Minor