A teenager aged 16 or over may be considered by French law as capable of performing, alone, acts requiring the legal majority fixed at 18 years. This authorization, called emancipation, results from a decision of the guardianship judge. Emancipation has consequences both for the minor, but also for his parents and siblings.

Emancipation is the court decision, by which a young person under the age of 18 can be considered as an adult and enjoyed the same rights. Before the age of 18, the person is called “a minor”. In the eyes of the law, it is under the responsibility of an adult “over 18”, over XNUMX years of age, who is its so-called “legal” representative.

Who plays the role before emancipation?

Most of the time this role is played by the parents, but in their absence it can be given to:

• one of the family members or a close relative, who may have been designated by the parents in their will if they are deceased (the parent’s spouse, a grandparent, an uncle, a godmother);
• a professional appointed by the guardianship judge, to perform this role, he will be appointed “tutor”. In the case for example where the child is in a situation of mistreatment or endangerment by his parents and withdrawn during an intervention of the social services, accompanied by the police authorities, in order to place the child in an environment protected.

Without the agreement of his tutor, the minor is not allowed to sign his note book, for example, to enroll in a school, to pay an invoice, to have a bank account, to have a contract. work, etc.

Some adolescents experience family situations that make it difficult or even intolerable to wait for them to come of age. They need their autonomy quickly.

But to grant this right to a minor, the reasons must be motivated and considered. It is not enough to be in conflict with your parents because they did not want to grant a cell phone or that they impose a curfew at 20 p.m.

Emancipation is not to be taken lightly and the young people who resort to it have no choice to protect themselves.

Some examples

Here are two example situations:

• Clarisse 17, has just lost her parents in a car accident. She has a 14-year-old little brother. They have no family, except for their grandmother who cannot accommodate them, but who lives next door. Clarisse asks for her emancipation in order to be able to stay in the family home and be able to take care of her little brother alone;
• Nicolas, an apprentice mason, is 16 years old and will be the father of a little boy. He is in love, he chose with his partner to keep the child who was not expected. They both choose to seek emancipation so that they can become legal guardians of their child. So they can find work and settle down together to raise their child.

Être emancipated minor therefore means to be a French citizen, responsible for his actions, and able to accomplish alone the steps requiring the legal majority.

The emancipation of a minor must follow a legal procedure:

• it takes place essentially only by decision of the guardianship judge at the request of his or her parents, in the case of guardianship of the minor, or at the request of the family council, in the event of the death of the parents or their disappearance;
• the minor must be over 16 years of age;
• the request for emancipation must be based on just grounds and be in the best interests of the child;
• un minor is automatically emancipated if he marries. The possibility of getting married before the age of 18 is granted by le prosecutor for serious or so-called legitimate reasons: pregnancy, for example. Nevertheless, le parental consent is necessary and this case of emancipation is very rare.

The emancipation of the child can be requested jointly by both parents. In the event of disagreement between the parents or if only one of them holds the exercise of parental authority, the request can be made by only one of the two parents.

The parent (s) must apply to the judicial or local court of the place of the minor’s habitual residence or of the domicile of his legal representative. They will seize the judge of the guardianship of minors of the court using the Cerfa form n ° 15425 * 03 from the Ministry in charge of justice.

The minor cannot seize the judge himself, but he must be heard by him.

If the parents disagree, the person who has not requested emancipation must be heard by the judge, unless it is impossible for him to express his will.

The decision of the judge pronouncing or refusing emancipation may be the subject of an appeal before the court of appeal, within 15 days of its notification.

The emancipated minor is capable, like an adult, of all acts of civil life. He will therefore be able to:

• conclude an employment contract;
• sign a sale;
• take out a loan;
• become guardian of his brothers and sisters.

However, certain acts deemed serious are prohibited. He can not :

• marry or consent to adoption without parental consent;
• he cannot be a trader without the authorization of the guardianship judge at the time of his emancipation (or of the president of the court after his emancipation);
• you must be 18 years old to be able to vote, enter into a PACS, drive alone or enter a casino.