§577-25 Emancipation of certain minors. (a) Any law to the contrary notwithstanding, a minor shall be deemed to be emancipated if the minor has:
(b) An emancipated minor shall be considered to have the rights and responsibilities of an adult; provided that nothing in this section shall:
(c) A minor shall be considered emancipated for the purposes of, but not limited to the right to:
(d) A minor who has reached the age of sixteen years who seeks to be emancipated may file a petition for a declaration of emancipation with the family court in the circuit in which the minor resides. The petition shall be filed on behalf of the minor seeking emancipation by any state agency or an attorney of the minor, and a parent or guardian of a minor shall not, in their individual capacity or as a representative or agent of the minor, petition for emancipation of the minor.
(e) The petition for a declaration of emancipation shall be signed and verified by the petitioning minor, and shall include:
The judiciary shall prepare and make available to the public forms that may be used for emancipation proceedings.
(f) Upon receipt of the petition, the court shall:
Nothing in this subsection shall be construed to prevent the petitioning minor from obtaining the minor's own legal counsel to represent the minor in the emancipation proceeding.
(g) The fees and costs of a guardian ad litem appointed pursuant to subsection (f) may be paid for by the court, unless the minor or the minor's parents or guardian have sufficient funds.
(h) Proceedings for a petition for declaration of emancipation shall be heard by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue a declaration of emancipation if it finds clear and convincing evidence that:
A declaration of emancipation issued by the court shall be conclusive evidence that the minor is emancipated and shall terminate the rights of the minor's parents to the custody, control, services, and earnings of the minor.
(i) A declaration of emancipation obtained by fraud or by the withholding of material information shall be voidable. A petition to void a declaration of emancipation on the ground that the declaration was obtained by fraud or by the withholding of material information may be filed by any person with the family court that issued the declaration of emancipation.
(j) A declaration of emancipation of a minor who has subsequently become indigent with no means of support shall be subject to rescission. A petition to rescind a declaration of emancipation on the ground that the minor has become indigent may be filed by:
with a family court in the circuit in which the minor or the parents or former guardian resides.
(k) Upon filing of a petition to void or rescind a declaration of emancipation pursuant to subsection (i) or (j), the court shall:
(l) Proceedings for a petition to void or rescind a declaration of emancipation shall be heard by the court separately from hearings of adult cases and without a jury. The court shall grant the petition and issue an order:
The voiding or rescission of a declaration of emancipation shall not alter any contractual obligation or right or any property right or interest that arose during the period that the declaration was in effect.
(m) Service of summons issued pursuant to this section shall be made personally by the delivery of a copy thereof, together with a copy of the relevant petition, to the person summoned; provided that if a judge determines that personal service of the summons is impracticable, the judge may order service by certified or registered mail addressed to the last known address or by publication, or both. Service effected no less than forty-eight hours before the time fixed in the summons for the return thereof shall be sufficient to confer jurisdiction; provided that jurisdiction shall be conferred if any person who might be so summoned appears voluntarily at the time and place appointed and waives the service and the notice.
Service of summons, process, or any notice required by this section may be made by any suitable person under the direction of the court and upon request of the court shall be made by any police officer.
(n) Notwithstanding any other law to the contrary, and except as otherwise provided in this section, the court shall order reasonable fees for counsel, experts, and other costs of services required in relation to a petition for declaration of emancipation, including reasonable fees for service of process of the petition, summons, and notice of hearing, to be paid by the minor's parents or guardian, regardless of whether the fees were incurred by the minor or other parties or ordered by the court.
(o) The petitioner or any other person admitted as party to a petition hearing concerning emancipation of a minor pursuant to this section may file an appeal from the court's issuance of or denial of a declaration of emancipation, an order voiding a declaration of emancipation, or an order rescinding a declaration of emancipation pursuant to section 571-54.
(p) As used in this section:
"Emancipation" means termination of the rights of the parents of a minor to the custody, control, services, and earnings of a minor.
"Guardian" means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem.
"Minor" means a person under the age of majority. [L 1976, c 164, §1; am L 2023, c 79, §2]