Emancipation allows a young person over 16 years to get rid of parental authority in the same way as an adult. Some restrictions do exist. The emancipation process obeys strict rules.
What is an emancipated minor?
A minor is emancipated when he is no longer under parental authority. It becomes legally responsible for all acts of civil life, as an adult. It can:
- sell his assets;
- to act as justice;
- or sign a contract.
In compensation, he becomes the only representative in front of the law of damage which he could cause other people.
Emancipation of a minor, conditions and procedures:
The minor must be 16 years of age is essential.
He can become emancipated by getting married. But the minor must only have the authorization of his parents (or only one) to get marry. Indeed, the mere fact of getting married emancipates without further formality.
He can also empower a result of a court decision. The Family Court of the High Court to declare the emancipation request of one or both parents of the minor. If only one parent making the request, the family court will still hear the other parent, unless it is unable to manifest. Emancipation is done right by marriage.
In the case of orphans, it is the Family Council which seizes the judge. It is a meeting between 4 and 6 people, consisting of the entourage of young and anxious interests. This meeting is chaired by a judge of supervisions.
The process can take several months. It is decided after discussion with the family, relatives and children in some cases. The guardianship of parents can be reinstated at the request of the child to the High Court of the minor. An appeal may be made to the Appeal Court.
What cannot do an emancipated minor
Even emancipated minors must obtain parental consent to marry. (The marriage of minors is forbidden since 2006, but there is an exception for minors who obtain parental consent).
An emancipated minor may not be adopted without the consent of his parents.
An emancipated minor cannot be commercial, except if he makes of it the request at the time of the emancipation near the judge of the supervisions and the President of the High Court.