Illinois Emancipation of Minor Law


Minors – Emancipation of Minor – Illinois

Sec. 1. Short title.

This Act shall be known and may be cited as the Emancipation of Mature Minors Act. Chap. 750, (750 ILCS 30/)

Sec. 2. Purpose and policy.

The purpose of this Act is to provide a means by which a mature minor who has demonstrated the ability and capacity to manage his own affairs and to live wholly or partially independent of his parents or guardian, may obtain the legal status of an emancipated person with power to enter into valid legal contracts. This Act is not intended to interfere with the integrity of the family or the rights of parents and their children. No order of complete or partial emancipation may be entered under  this Act if there is any objection by the minor, his parents or guardian. This Act  does not limit or exclude any other means either in statute or case law by which a minor may become emancipated. Chap. 750 (750 ILCS 30/2)

Sec. 3. Definitions.

Terms used in this Act, unless the context otherwise requires, have the meanings ascribed to them in Sections 3-1 through 3-5.
Chap. 750, (750 ILCS 30/3)

Sec. 3-1. Minor.

“Minor” means a person 16 years of age or over, and under the age of 18 years, subject to this Act. Chap. 750, (750 ILCS 30/3-1)

Sec. 3-2. Mature minor.

“Mature minor” means a person 16 years of age or over and under the age of 18 years who has demonstrated the ability and capacity to manage his own affairs and to live  wholly or partially independent of his parents or guardian. Chap. 750, (750 ILCS 30/3-2)

Sec. 3-3.  Parents.

“Parent” means the father or mother of a legitimate or illegitimate child, and includes any adoptive parent. It does not include a parent whose rights in respect to the minor have been terminated in any manner provided by law. Chap. 750, (750 ILCS 30/3-3)

Sec. 3-4. Guardian.

“Guardian” means any person, association or agency appointed guardian of the person of the minor under the Juvenile Court Act, the Juvenile Court Act of 1987, the “Probate Act of 1975″, or any other statute or court order. Chap. 750, (750 ILCS 30/3-4)

Sec. 3-5.  Petition.

“Petition” means the petition provided for in Section 7 of this Act, or any other petition filed under the Juvenile Court Act or the Juvenile Court Act of 1987, seeking the emancipation of a minor in accordance with the provisions of this Act. Chap. 750, (750 ILCS 30/3-5)

Sec. 4. Jurisdiction.

The circuit court in the county where the minor resides, is found, owns property, or in which a court action affecting the interests of the minor is pending, may, upon the filing of a petition on behalf of the minor by his next friend, parent or guardian and after a hearing on notice to all persons as set forth in Sections  7 and 8 of this Act, enter a finding that the minor is a mature minor as defined in this Act and order complete or partial emancipation of the minor. The court in its order for partial emancipation may specifically limit the rights and responsibilities of the minor seeking emancipation.
Chap. 750, (750 ILCS 30/4)

Sec. 5. Rights and responsibilities of an emancipated minor.

(a) A mature minor ordered emancipated under this Act shall have the right to enter into valid legal contracts, and shall have such other rights and responsibilities as the court may order that are not inconsistent with the specific age requirements of the State or federal constitution or any State or federal law.
(b) A mature minor who is partially emancipated under this Act shall have only those rights and responsibilities specified in the order of the court.
Chap. 750, (750 ILCS 30/5)

Sec. 6. Duration of emancipation and discharge of proceedings.

The court shall retain continuing jurisdiction over the proceedings until the  emancipated  minor  reaches age 18, and may modify or terminate its previous emancipation orders. However, any subsequent  modification or termination of a  previous order shall be effective only prospectively and shall not affect any rights, duties, obligations or causes of action existing prior to the modification or termination of any order under this Act. Chap. 750, (750 ILCS 30/6)

Sec. 7. Petition.

The petition for emancipation shall be verified and shall set forth:

(1) the age of the minor;
(2) that the minor is a resident of Illinois at the time of the filing of the petition, or owns real estate in Illinois, or has an interest or is a party in any case pending in Illinois;
(3) the cause for which the minor seeks to obtain partial or complete emancipation;
(4) the names of the minor’s parents, and the address, if living;
(5) the names and addresses of any guardians or custodians appointed for the minor;
(6) that the minor is a mature minor who has demonstrated the ability and capacity to manage his own affairs; and
(7) that the minor has lived wholly or partially independent of his parents or guardian.

Chap. 750, (750 ILCS 30/7)

Sec. 8. Notice.

All persons named in the petition shall be given written notice 21 days prior to the hearing and shall have a right to be present and be represented by counsel. All  notices shall be served on persons named in the petition by personal service or by  “certified  mail, return  receipt  requested, addressee only”. If personal service cannot be made in accordance with the provisions of this Act, substitute service or service by publication shall be made in accordance with the Civil Practice Law. Chap. 750, (750 ILCS 30/8)

Sec. 9. Hearing.

Before proceeding to a hearing on the petition the court shall advise all persons present of the nature of the proceedings, and their rights and responsibilities if an order of emancipation should be entered. If, after the hearing, the court determines  that the minor is a mature minor who is of sound mind and has the capacity and maturity to manage his own affairs including his finances, and that the best interests of the minor and his family will be promoted by declaring the minor an emancipated minor, the court shall enter a finding that the minor is an emancipated minor within the meaning of this Act, or that the mature minor is partially emancipated with such limitations as the court by order deems appropriate. No order of complete or partial emancipation may be entered under this Act if there is any objection by the minor, his parents or guardian. Chap. 750, (750 ILCS 30/9)

Sec. 10. Joinder, Juvenile Court Proceedings.

The petition for declaration of emancipation may, with leave of the court, be joined with any pending litigation affecting the interests of the minor including a petition filed under the Juvenile Court Act or the Juvenile Court Act of 1987.  If any minor seeking emancipation is a ward of the court under the Juvenile Court Act or the Juvenile Court Act of 1987 at the time of the filing of the petition for emancipation, the petition shall be set for hearing in the juvenile court.
Chap. 750, (750 ILCS 30/10)

Sec. 11. Appeal.

Any judgment or order allowing or denying a complete or partial emancipation is a final order for purposes of appeal.
Chap. 750, (750 ILCS 30/11)