Emancipation

What is Emancipation?

Emancipation is regulated by Oregon law (ORS 419B.550-419B.558) and requires a Court order.

Sometimes a minor youth wishes to have adult privileges and responsibilities in the community. A decree of emancipation is an order granted by the Court allowing a minor to act as an adult within certain legal boundaries. If emancipation is granted, it means that a minor has gained some rights normally reserved for an adult. The minor also gives up certain rights normally reserved for a minor child.

Deschutes County Juvenile Community Justice is available to assist a minor interested in pursuing emancipation after the minor has carefully reviewed the Emancipation Fact Sheet (see Supporting Documents at bottom of this page) and has determined emancipation is a viable option for them.

Parents cannot process or request the emancipation of their child. Parent(s) will be notified of a hearing pursuant to ORS 419B.812-419B.839. A Community Justice Officer will contact a minor applicant to schedule an interview to determine eligibility. If a youth qualifies for emancipation, staff supplies an application to be completed and any necessary information before requesting an emancipation hearing before the Circuit Court.

There is a Court filing fee of $252.00 (non-refundable if emancipation is denied) payable to the State of Oregon Circuit Court. Circuit Court conducts a preliminary hearing that must be scheduled within 15 days of the minor's application. At the preliminary hearing, the minor is advised of the civil and criminal rights and liabilities of an emancipated minor. The final court hearing is generally held within 60 days (at discretion of the Court) to determine if emancipation is granted.

When a decree of emancipation is granted by the Court, the applicant is given a copy of the decree. The decree instructs the applicant to obtain an Oregon identification card through the Department of Transportation/Motor Vehicles Division that makes notation of the minor's emancipated status on their driver's license or I.D. card.

A decree of emancipation only serves the following conditions:

• Recognizes emancipated minor as an adult for purposes of contracting and conveying, establishing a residence, suing and being sued as an adult, and in being recognized as an adult for purposes of criminal laws of Oregon.
• Terminates parent/child relationship for provisions of ORS 109.010, until child reaches age of majority.
• Terminates child/parent relationship and support for provisions of  ORS 109.053, 109.100, 419B.373, 419B.400, 419.402, 419B.404, 419B.406, 419B.408, 419C.590, 419C.592, 419C.595, 419C.597 and 419C.600.

A decree of emancipation does not affect or allow for the following conditions:

• Requirements for obtaining a marriage license
• Qualifications for purchasing alcoholic liquor
• Voting
• Labor Laws regarding operation of certain types of equipment