Emancipation of Minors (A Child under 18 being legally declared an adult)

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Posted and filed under Legal Issues in Spain.

Emancipation of Minors (A Child under 18 being legally declared an adult)

The Voluntary Jurisdiction Law 15/2015, of July 2, 2015 included the process of how a minor between the age of 16 and 18 can seek to become a legal adult early.

A minor might make an application for emancipation for a particular purpose. There are many reasons why a young person might want to do this, such as they have been very successful at a young age (think of a young model of 17 travelling the world on runways perhaps or a young actress) and require it for tax or financial reasons. Alternatively perhaps they are exceptionally mature and wish to live in another place or wish to get away from a difficult home and abuse and look after themselves.

They must be at least 16 years old, and living seperately from his or her parents. A Judge is not going to agree to emancipation though without taking into account many issues, such as the relationship with the parents (if there are any living) or guardian, whether they have the resources to support themselves, their education and whether they are mature enough to manage on their own etc. Aslo whether there are other alternatives to emancipation that may be better solutions.

This is not an option whereby an unhappy teenager can seek to leave home and get away from their parents early. It is  a proper process, whereby the minor and the parents or guardian will be listened to and all issues considered thoroughly.  However maturity and circumstances vary and sometimes it may be in the best interests of the child to let them legally make thier own decisions. Unusual, but it can be possible.

The process involves an application to a Court Judge or it is also possible at the Notary and the minor does not have to have a barrister/lawyer but it would be much easier if one is involved. The parent who is
currently responsible for the child must be present, so they will also be heard. If the Judge grants the application for emancipation then the minor will be registered as legally an adult and no longer under the parents’ control.

If we can help with this matter or any other family law issues such as divorce, separation or child custody please contact us on sales@spanishsolutions.net

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