(Civil Code, Sec. 60, 63-64)
Emancipation does not necessarily mean the minor is exempt from:
- the compulsory school attendance laws, and/or
- the child labor laws and regulations
Any person under the age of eighteen years who comes within the following description is an emancipated minor (Sec. 60, pt. 2.7):
- who has entered into a valid marriage, whether or not such marriage
- was terminated by dissolution; or
- who is on active duty with any armed forces of the United States;
- or who has received a declaration of emancipation pursuant to Sec.64 of the Civil Code.
A minor may petition the Supreme Court of the country in which he or she resides or is temporarily domiciled, for a declaration of emancipation. The petition shall be verified and shall set forth with specificity all the following facts (Sec.64)
- that he or she is at least 14 years of age
- that he or she willingly lives separate and apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian
- that he or she is managing his or her own financial affairs
Consequences of emancipation (Sec. 63)
- minor may consent to medical care without parental consent, knowledge, or liability
- minor may enter into a binding contract
AN EMANCIPATED MINOR WHO HAS NOT COMPLETED HIS OR HER COMPULSORY EDUCATION REQUIREMENTS MUST RECEIVE THREE (3) HOURS OF SCHOOL PER DAY unless the banking provisions apply.
An emancipated minor is still subject to all of the rules and regulations of 8 CAC unless specifically exempted from 8 CAC in the emancipation order.
View Emancipation Letter from the Commissioner (PDF)
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