- Emancipation, for minors, is the achievement of independence. This may occur naturally or by the occurrence of some act. Typically, a child becomes emancipated upon reaching the age of majority, which is 18 in Indiana and most other jurisdictions. Other, less common methods of becoming emancipated prior to turning 18 include getting married or enlisting in the military.
- A child can also become emancipated by court order. This may be at the child's request, but full or partial emancipation may also be ordered for juveniles who are adjudged delinquent and need care, treatment or rehabilitation that they are not otherwise receiving. In its order, the court will indicate exactly to what extent the child is emancipated. Indiana law does not specify a minimum age below which a child may not become emancipated.
- In order for an Indiana court to emancipate a child, the judge must make several findings. First, the child must not only desire to be free from parental control and protection, but also no longer need it. Second, she must understand the consequences of being free from that parental control and protection. Third, the child must have sufficient money for her own support. And fourth, she must have an acceptable plan for independent living.
- Emancipation can suspend some or all of a parent's rights and responsibilities. This may include the duty to support the child; if this is the case, the judgment of emancipation will supersede any prior court-ordered support. A parent's right to the control or custody of the child may also be suspended. And, emancipation may also suspend a parent's entitlement to the child's earnings.
- The court can specify any of a variety of legal rights that an emancipated child is then free to exercise. Once emancipated, a child can consent to marriage; enlist in the military; choose her own medical, psychological, psychiatric, educational or social services; enter into contracts and own property. Emancipation, however, does not free a child from compulsory school attendance.
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