// Let’s face it—many adults make terrible parents. Sometimes, a teenager would be better off without the harmful, toxic involvement of his or her parents. Emancipation can be one answer to the problem. In Minnesota, “emancipation” means that a minor has the same legal rights and Minor obligations as an eighteen-year-old adult. It can
Emancipation of a Minor in Minnesota | Minneapolis Emancipation Attorney
“Emancipation” means that a minor has the same legal rights and obligations as an 18-year-old adult. It can also be “partial, conditional … or limited as to time or purpose.” Sonnenberg v. County of Hennepin, 99 N.W.2d 444, 447-448 (Minn. 1959).
A minor can be emancipated by a legal marriage or by parental consent. Lundstrom v. Mample 285 N.W. 83 (Minn. 1939) (marriage); In re Fiihr 184 N.W.2d 22 (Minn. 1971) (parental consent or act). For a child age 16 or older who is the subject of a “child in need of protection” petition, the juvenile court may authorize an independent living situation for the child that is the equivalent of emancipation. Minn. Stat. § 260C.201, subd. 1(a)(5)
Minnesota Statutes do not provide grounds or a procedure for emancipation, but the statutes reflect an assumption that minors may be emancipated. Examples include the following:
- an emancipated minor may forego immunization because of religious belief (Minn. Stat. § 121A.15, subd. 3(d))
- an emancipated minor is allowed to own a passenger auto or truck (Minn. Stat. § 168.101, subd. 1)
- a legally emancipated minor is eligible for General Assistance (Minn. Stat. § 256D.05, subd. 1(a)(10))
- an existing guardianship may be discharged upon a showing that the child is emancipated (Minn. Stat. § 260C.328)
Emancipation could be expected to occur (1) by reaching the age of 18, (2) by lawful marriage, or (3) by court order. The statutory references above do not indicate which, if any, of these is assumed to be the basis for emancipation.
Learn more about How to Leave Home: Emancipation of Minors in Minnesota
The content of this and any related posts has been adopted or copied from the Minnesota House of Representatives Research Department’s December 2010 publication, Youth and the Law – A Guide for Legislators, written as a collaborative effort by the Research Department’s legislative analysts.
Emancipation of a Minor
“Emancipation” means that a minor has the same legal rights and obligations as an 18-year-old adult. It can also be “partial, conditional ... or limited as to time or purpose.” Sonnenberg v. County of Hennepin, 99 N.W.2d 444, 447-448 (Minn. 1959). A minor can be emancipated by a legal marriage or by parental consent. Lundstrom
Youth and the Law in Minnesota
Minnesota law makes many distinctions between the rights and responsibilities of adults and young persons. Part 1 describes the major statutory and case law that differentiates between youths and adults. These provisions are divided into the areas of economic regulations, education, family relations, health and social services, motor vehicles, and criminal law. There is a
Minnesota Minors | Property Rights of Children and Teens
The following laws apply to minors in Minnesota. The following information and education, but is not legal advice. When faced with a legal issues, you should talk with an attorney. A parent or guardian may claim a minor’s wages by notifying the minor’s employer. Otherwise, the minor has control of his or her own wages.