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A minor over the age of 16 can apply for emancipation . He cannot make this request alone and the request must be presented by one or both of his parents. The emancipated minor is then capable of all acts of civil life, without the need for parental authorization. However, he does not have the right to marry, nor to vote before the age of 18.
Emancipation: what does it mean?
A minor can be emancipated from the age of 16, by decision of the family court judge. The emancipated minor is no longer under the authority of his parents and can perform all acts of civil life. He can also be emancipated automatically by marriage but, in practice, a minor cannot marry, unless the public prosecutor has granted him an exemption from age and if he obtains the consent of his parents.
Who can apply for emancipation?
A minor cannot apply for emancipation alone. It must be presented by one or both parents. If the minor is the subject of an educational assistance measure, the authorization of the juvenile judge must be obtained beforehand. If the parents of the minor are deceased, the family council makes the request.
What is the procedure?
A written request must be addressed to the family affairs judge of the place of residence of the minor. The assistance of a lawyer is not compulsory. The judge then summons the minor and his two parents to hear them. He must ensure that the request is not a will of the parents to fulfill their responsibilities. The judge pronounces the emancipation if there are just reasons: this is the case, for example, if the minor is financially independent and no longer lives with his parents. In addition, it is possible to appeal its decision.
What are the effects of emancipation?
The emancipated minor can perform all the acts of civil life like an adult. He can, for example, conclude a contract of sale or a contract of employment. However, he cannot marry, enter into civil association or vote before the age of 18. As emancipation puts an end to parental authority, the minor can therefore take the decisions that concern him alone. Parents are no longer automatically liable for damages caused by their emancipated child. However, they are still bound by a maintenance obligation towards their child.
Société d’Avocats DAMY , Nice, In which situations can a minor be emancipated? 2022 Update
