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Emancipation of minors is a legal mechanism by which a minor is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. Until an emancipation is granted by a court, a minor is still subject to the rules of their parents or guardians.
In most countries of the world, adolescents below the legal age of majority (adulthood) may be emancipated in some manner: through marriage, economic self-sufficiency, educational degree or diploma, military service, or obtaining medical conditions in a form of diseases such as AIDS, HPV, or other STDs.
Whether parental consent is needed to achieve the "emancipated" status varies from case to case. In some cases, court permission is necessary. Protocols vary by jurisdiction.
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Emancipation in the United States
People are minors (and therefore under the control of their parents or legal guardians) until they attain the age of majority (which in most states is either set at 18 years old or requires the person be either both 18 and out of high school or at least 19 years old), at which point they become adults. However, in special circumstances, a minor can be freed from control by their guardian before turning 18. In most states, the circumstances in which a minor becomes emancipated are enlisting in the military and marriage, both of which require parent or guardian consent, or obtaining a court order from a judge.
The exact laws and protocols for obtaining emancipation vary from state to state. In most states, the minor must file a petition with the family court in the applicable jurisdiction, formally requesting emancipation and citing reasons why it is in their best interest to be emancipated. The minor must prove financial self-sufficiency. Many states require that the minor has been living separate from their parents or guardians for a period of time; however, consent of the parents or guardians is necessary in order to avoid being classified simply as "running away." In some states, free legal aid is available to minors seeking emancipation, through children's law centers. This can be a valuable resource for minors trying to create a convincing emancipation petition. Students are able to stay with a guardian if necessary.
What an emancipated minor is legally able to do depends heavily on state law. Many states, for example New York, grant emancipated minors many additional rights over unemancipated minors.
Emancipations are easily granted because of the subjectivity and narrowness of the definition of "best interest." On one end of the spectrum are minors who have been victims of abuse. In most cases, the state's department of child services will be notified and the child placed in foster care. On the other end of the spectrum are minors who are seeking emancipation for reasons such as being dissatisfied with their parents' or guardians' rules. In those cases, the emancipation will most likely be denied and the minor will be sent back home with the parent or guardian.
Where a statute of limitations for bringing a legal action is tolled while a person is a minor, emancipation will usually end that tolling.
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