Tennessee Emancipation of Minor Law


Minors – Emancipation of Minor – Tennessee

29-31-101: Power to remove.

(a)  The chancery court of a county in which a minor resides or the chancellor in vacation may remove the disabilities of minority; and the chancery court of any county, or the chancellor of such court in vacation, may remove the disabilities of minority of a nonresident minor of the state of Tennessee who owns, or has an interest in, any real or personal property located in the state of Tennessee, so as to enable the minor to sell and convey such real or personal property, or any interest therein, or to do any other act in respect thereof; all as fully and effectively as if the minor was eighteen (18) years of age.

(b)  In all cases where a minor petitions for the removal of disabilities of minority in a county other than the county in which property is located, petition must show that no application has been previously made in the county where the property is located.

(c)  The circuit court and the judge thereof shall have concurrent jurisdiction with the chancery court and chancellor to remove the disabilities of minority.  [Acts 1915, ch. 162, § 1; Shan., § 6106a3; mod. Code 1932, § 10370; Acts 1941, ch. 60, § 1; C. Supp. 1950, § 10370; Acts 1957, ch. 195, § 1; 1961, ch. 142, § 1; 1967, ch. 354, § 1; 1968, ch. 453, § 1; 1971, ch. 162, § 2; T.C.A. (orig. ed.), § 23-1201; modified.]

29-31-102: Application – Process – Appearance to resist application.

(a)  The application therefor shall be made in writing by the minor by next friend, and shall state the age of such minor and the names and places of residence of the minor’s parents, and if the minor has no parents, the names and places of residence of two (2) of the minor’s nearest kin, within the third degree, computed according to the civil law, and the reason on which the removal of the disability is sought.

(b)  When such petition shall be filed, the clerk of the court shall issue proper process as in other cases, to make the proper parties defendant, the same to be executed and returned as in other cases.

(c)  Any person so made a party or other relative or friend of the minor, may appear and resist the application. [Acts 1915, ch. 162, § 2; Shan., § 6106a4; mod. Code 1932, § 10371; T.C.A. (orig. ed.), § 23-1202.]

29-31-103: Defendants not required.

If such kindred unite in such application, or if the minor has no kindred within the prescribed degree, or the place of residence of such kindred is unknown to the minor or the next friend, it shall not be necessary to make any person defendant thereto; provided, that if any such minor shall have a general guardian, the minor’s guardian shall be made a defendant. [Acts 1915, ch. 162, § 3; Shan., § 6106a5; mod. Code 1932, § 10372; Acts 1961, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1203.]

29-31-104: Hearing and decree – Specific purpose.

(a)  The court, or chancellor in vacation, shall examine the application and the objections thereto, if any, and may hear testimony, by depositions or by viva voce, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor.

(b)  If a decree is rendered removing the disability of a minor, it shall be rendered by the court having jurisdiction for a specific purpose and such purpose shall be so stated in such decree.  [Acts 1915, ch. 162, § 4; Shan., § 6106a6; mod. Code 1932, § 10373; 1971, ch. 71, § 1; 1980, ch. 844, § 1; T.C.A. (orig. ed.), § 23-1204.]

29-31-105: Scope of decree.

The decree may be for the partial removal of the disability of the minor so as to enable the minor to do some particular act, proposed to be done, to be specified in the decree; or it may be general and empower the minor to do all acts in reference to the minor’s property, making contract, suing and being sued and engaging in any profession or vocation which the minor could do if eighteen (18) years of age; and the decree shall distinctly specify to what extent the disability of the minor is removed and what character of business the minor is empowered to do, notwithstanding minority, and may impose such restrictions and qualifications as the court or chancellor may judge proper.  [Acts 1915, ch. 162, § 5; Shan., § 6106a7; mod. Code 1932, § 10374; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 23-1205.]