Emancipation of minors
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Emancipation of minors is a legal mechanism through which a person below the age of majority gain 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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[edit] Influence in other laws
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.
[edit] Philosophy behind emancipation
The general philosophy behind emancipation laws is that adolescents in general mature at different ages, not only biologically, but also mentally, emotionally and socially.
[edit] Emancipation laws by country
- 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.
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- California
- In Californian 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.
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- 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.
