Rescission of emancipation order

(a) A child emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order. (b) A copy of the petition for rescission and a summons shall be served on the petitioner’s parent, guardian, or legal custodian. (c) The court shall grant the petition and rescind the order of emancipation if it finds: 1351 15-11-727 (1) That the petitioner is an indigent person and has no means of support; (2) That the petitioner and the petitioner’s parent, guardian, or legal custodian agree that the order should be rescinded; or (3) That there is a resumption of family relations inconsistent with the existing emancipation order. (d) If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the petitioner becomes 25 years of age. (e) Rescission of an emancipation order shall not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect. (f ) A child or his or her parent, guardian, or legal custodian may appeal the court’s grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals. History. — Code 1981, § 15-11-726, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242. 15-11-727. Rights of emancipated child; limitations of parental obligations. (a) A child emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to a child because of his or her age. The rights of a child to receive any transfer of property or money pursuant to ‘‘The Georgia Transfers to Minors Act’’ under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article. (b) A child shall be considered emancipated for the purposes of, but not limited to: (1) The right to enter into enforceable contracts, including apartment leases; (2) The right to sue or be sued in his or her own name; (3) The right to retain his or her own earnings; (4) The right to establish a separate domicile; 1352 15-11-728 (5) The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including but not limited to property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem; (6) The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status; (7) The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability; (8) The right to apply for a driver’s license or other state licenses for which he or she might be eligible; (9) The right to register for school; (10) The right to apply for medical assistance programs and for other welfare assistance, if needed; (11) The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and (12) The right to make a will. (c) A parent, guardian, or legal custodian of a child emancipated by court order shall not be liable for any debts incurred by his or her child during the period of emancipation. History. — Code 1981, § 15-11-727, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242. 15-11-728. Duty to support; ability to marry.