State Statute Emancipation Facts

Transcription

1 ALABAMA Age Emancipation petition allowed: "minors over 18 years of age" 26-2A-20; Code Age of Majority: NOTE: An individual may have the disabilities of minority removed otherwise than by reaching the nineteenth birthday, such as by emancipation under Ala. Code sections through (petition to juvenile court), and Ala. Code sections and (individuals who are 18 years of age and married). ALASKA Age Emancipation petition allowed: at least 16 years of age Alaska Stat ; ; Age for Abortion: Age for Contract: NOTE: An individual may have the disabilities of minority removed otherwise than by reaching the eighteenth birthday, such as by emancipation under AK. Code sections ARIZONA ; ; Age for Sexual Consent:

2 ARKANSAS Age Emancipation petition allowed: ; ; Age for Sexual Consent: ; ; NOTE: An individual may have the disabilities of minority removed otherwise than by reaching the eighteenth birthday, such as by emancipation under AR. Code sections CALIFORNIA Age of Emancipation: "a person under the age of 18 years" Cal Fam Code 7002; 7122 Cal Fam Code 7002 Cal Pen Code COLORADO Age of Emancipation: "a juvenile over fifteen years of age and under eighteen years of age" ; ; ; ; NOTE: Age of majority is 19 in child support context

3 CONNECTICUT Age of Emancipation: "any minor who has reached his sixteenth birthday" Conn. Gen. Stat. 46b-150 Conn. Gen. Stat. 1-1d Conn. Gen. Stat. 53a-71 DELAWARE S.L. v. A.L., 735 A.2d 433 (Del. Fam. Ct. 1999). 1 Del. C Del. C. 761 DISTRICT OF COLUMBIA D.C. Code D.C. Code ; D.C. Code FLORIDA Age Emancipation petition allowed: "a minor age 16 or older" Fla. Stat ; Fla. Stat Fla. Stat ; Fla. Stat

4 GEORGIA O.C.G.A O.C.G.A (Statutory rape) NOTE: Under the panel code for rape the age for consent is 10 years of age. See O.C.G.A HAWAII Age Emancipation petition allowed: "a person under eighteen years of age who is totally self-supporting." HRS 327E-2; HRS HRS ; IDAHO Age Emancipation petition allowed: an individual between fourteen (14) and eighteen (18) years of age who has been married or whose circumstances indicate that the parentchild relationship has been renounced. Idaho Code Idaho Code ; Idaho Code

5 ILLINOIS Age Emancipation petition allowed: "a person 16 years of age or over, and under the age of 18 years" 705 ILCS 405/1-3; " 735 ILCS 5/ Age for Sexual Consent: ILCS 5/12-15;16 INDIANA Age Emancipation petition allowed: between the ages of 18 and Age of Majority: ; IOWA Iowa Code 97B.34A; Iowa Code 225C KANSAS Age Emancipation petition allowed: under the age of 18 Kan. Stat. Ann to

6 KENTUCKY KRS ; KRS ; KRS NOTE: There is an exception in Kentucky law for handicapped juveniles. See KRS (2) ; LOUISIANA Age Emancipation petition allowed: under the age of 18 La. Code Civ. Proc. Ann. arts ; 9:315.22; 9:901; 29:285; La. C.C. Art :2702; La. Ch.C. Art. 603 Age for Sexual Consent: 17 La. R.S. 14:80 MAINE Age Emancipation petition allowed: 16 or older 15 M.R.S A 1 M.R.S A M.R.S. 254 MARYLAND 3-8A-01; Md. Ann. Code art. 1, 24 Age for Sexual Consent: "under the age of 14 years, and the person performing the sexual act is at least 4 years older." 3-306

7 MASSACHUSETTS ALM GL ch. 4, 7; NOTE: Under Massachusetts law there is no fixed age when emancipation occurs, and it does not automatically occur on reaching age of majority. See Larson v Larson, 30 Mass App 418, 569 NE2d 406 (1991). ALM GL ch. 4, 7 ALM GL ch. 265, 23, MICHIGAN Age Emancipation petition allowed: "a child under 18 years of age" MCLS 722.4, MCLS MCLS NOTE: Minimum drinking age is 21. See MCLS MCLS MINNESOTA Minn. Stat. 256D.05 Minn. Stat (2) NOTE: For welfare benefits the age of majority is 21. See Minn. Stat. 260C.451 Minn. Stat

8 MISSISSIPPI Age Emancipation petition allowed: under the age of 21 Miss. Code Ann ; Miss. Code Ann Age of Majority: 21 Miss. Code Ann ; Miss. Code Ann Miss. Code Ann ; (2005) MISSOURI R.S.Mo.; Mo. Rev. Stat Age of Majority: 17 years old (for purposes of criminal law); 18 years old (domestic relations) Age for Sexual Consent: MONTANA Age Emancipation petition allowed: under the age of 16 MCA MCA Mont. Code Ann NEBRASKA Age Emancipation petition allowed: under age 19 Age of Majority: ; 53-1,122; , ,01. Age for Sexual Consent:

9 NEVADA Age Emancipation petition allowed: "any minor who is at least 16 years of age" NRS NEW HAMPSHIRE Age Emancipation petition allowed: "a person who is under the age of 18 years, but who has documentation which supports a claim that he has been emancipated in accordance with the laws of the state in which he previously had been residing, shall be considered to be emancipated in the state of New Hampshire" NOTE: New Hampshire law also honors emancipation decrees from other states. RSA 21- B:2. 21: A:3 NEW JERSEY 2C: :17B-1 2C:14-2

10 NEW MEXICO Age Emancipation petition allowed: " any person sixteen years of age or older" 32A-21-3; 32A-21-4; 24-7A A NEW YORK Age Emancipation petition allowed: over the age of 16 and under age 21 NY Ed Code 663; NY CLS Gen Oblig Age of Majority: 21 NY CLS Gen Oblig Age for Sexual Consent: 17 Penal NORTH CAROLINA Age Emancipation petition allowed: "any juvenile who is 16 years of age or older" N.C. Gen. Stat. 7B-3500; A A NORTH DAKOTA Age Emancipation petition allowed: under 18 years of age

11 OHIO Age Emancipation petition allowed: under 18 years of age OKLAHOMA Age Emancipation petition allowed: under 18 years of age 21 Okl Stat Okl Stat ; 10 Okl Stat Okl Stat 1111 OREGON Age Emancipation petition allowed: "a person under the age of 18 years" 419B PENNSYLVANIA 1 PaCS PaCS PaCS

12 RHODE ISLAND SOUTH CAROLINA Age Emancipation petition allowed: over the age of ; SOUTH DAKOTA Age Emancipation petition allowed: under the age of 18; S.D. Codified Laws Age for Sexual Consent: TENNESSEE Age Emancipation petition allowed: under 18 years of age Tenn. Code Ann

13 TEXAS ; Age for Sexual Consent: UTAH Age Emancipation petition allowed: Over 16 years of age 31A ; Age for Sexual Consent: VERMONT Age Emancipation petition allowed: "a person who is 16 years of age or older but under the age of majority" 12 VSA 7151; VSA VSA 3252; 6902 VIRGINIA Age Emancipation petition allowed: "any minor who has reached his sixteenth birthday" Va. Code Ann ; ; 1-16 Age for Sexual Consent: ;

14 WASHINGTON Age Emancipation petition allowed: 16 years of age or older Rev. Code Wash. (ARCW) ; A.535; 9A WEST VIRGINIA Age Emancipation petition allowed: "a child over the age of sixteen" W. Va. Code ; 61-8B-4; WISCONSIN Age Emancipation petition allowed: no emancipation statute ; ; WYOMING Age Emancipation petition allowed: "at least 17 years of age" Wyo. Stat. Ann to