EMANCIPATION

EMANCIPATION
 
Art. 397. Emancipation takes place:
(1) By the marriage of the minor;
(2) By the attainment of majority;

(3) By the concession of the father or of the mother who exercise parental authority.

Art. 398. Emancipation treated of in No. 3 of the preceding article shall be effected in a public instrument which shall be recorded in the Civil Register, and unless so recorded, it shall take no effect against third persons.
Art. 399. Emancipation by marriage or by voluntary concession shall terminate parental authority over the child's person. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian.

Art. 400. In order that emancipation by concession of the father or of the mother may take place, it is required that the minor be eighteen years of age, and that he give his consent thereto.

Art. 401. Emancipation is final or irrevocable.

COMMENTS

Hazel Abella:

Emancipation of a minor is the procedure by which a minor is freed from parental control. 

Whether or not an emancipated minor can get married without parental or court approval depends on the laws of the state where the minor lives.

If a state considers marriage to be a binding contract, emancipated minors can get married.

Other states do not allow an emancipated minor to marry without permission from parents or the court.

As it name suggests, "emancipation" is the process by which a minor (any person under the age of 18) becomes free of his or her parents' jurisdiction. Whatever your reason for considering emancipation, there are some important legal stipulations you need to understand if you live in Kansas. The state's law provides a process for emancipation and also allows for marriage as pathway to adult status.

To begin the process, you must provide proof of your age and that you reside in the county in which you're petitioning for emancipation. You then need to furnish the court with a list of reasons you feel you need to be emancipated.

If the court is able to prove that your reasons are valid and true and that you're "of sound mind," it may grant you emancipation from your parents.

In other words, getting married can grant you adult status in and of itself.Unfortunately, this isn't as easy as saying "I do." law prohibits marriage for any person "who is 16 or 17 years of age without the express consent of such person's father, mother or legal guardian," so this might not be a viable option for you if you're having disagreements with your parents.