Emancipation of minors
Encyclopedia : E : EM : EMA : Emancipation of minors
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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.
Remaining prohibitions
Some prohibitions are almost universal, even for emancipated individuals. For example, the age at which a person can engage in prostitution or in pornography doesn't change because of emancipation, and is generally set at 18.
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.
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.
Emancipation laws by country
- United States
- * 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.
- * 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.
See also
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