Emancipation - What if a minor...

                                                                    is pregnant?

                                                                              wants an abortion?

                                                                          wants to marry?

                                                                            joins the military?

                                                                                      wants a driver's license?

                                                                           works for wages?

                                                                                                has been charged with a crime?                                                                                          needs medical care without the

                                                                                consent of a parent?

                                                                                            receives money or property? 

                                                                                   wants to sign a lease?

What if a minor is pregnant? 

Unlike marriage, getting pregnant and having children does not mean that a minor is emancipated.  The reasoning is that when a minor marries the spouse (rather than the parents) will support the minor.  By contrast in most cases, a minor who is pregnant (or recently gave birth) will continue to depend on parents or legal guardians for financial support.

What if a minor wants an abortion? 

Abortion without parental consent -  If a minor is not married, the doctor may not perform an abortion unless the parent or guardian are notified first. (MD. Code Ann., Health Gen. §20-103(a))

The physician may perform the abortion without notifying the parent or guardian if the minor does not live with a parent or guardian or if the physician efforts to notify them have failed. (MD. Code Ann., Health Gen. §20-103(b))
 

Parental consent not required - The doctor may also perform the abortion without notifying the parent or guardian if the physician decides that:

• notice to the parent or guardian may lead to physical or emotional abuse of the minor,
• the minor is mature and capable of giving informed consent to an abortion, or
• notification would not be in the "best interest" of the minor.

What if a minor is married?
The first question is the validity of the marriage.

Under Age 15 – Maryland law prohibits marriage by anyone under the age of 15. (Family Law Article §2-301).

Age 15 - If you are 15, you can marry if you meet both of the following:

• You have the consent of a parent or guardian

• The woman to be married has a certificate from a licensed doctor. The certificate must state that the doctor has examined the woman to be married and that she is pregnant or has given birth.

Age 16 or 17  – The same law allows a minor to  marry with parental or guardian consent. A minor may also marry without this consent if the woman can show proof of childbirth or pregnancy. A doctor's certificate stating that s/he has examined the woman (and that she is pregnant or has given birth is considered sufficient proof to allow the marriage. (Md. Family Law Code Ann. §2-301(a)(2))

If a minor has a valid marriage, s/he is generally considered to be emancipated.

If a minor does not have a valid marriage, the situation is not as clear. A primary factor is whether the minor is self-supporting.

If you become emancipated as the result of a valid marriage, it is a partial emancipation. It does not change your status concerning your right to vote, drink, sign a contract or to take other actions where the law limits minors. You can however petition the court to end your guardianship if you show proof of your marriage. (Maryland Rules of Civil Procedure 10-209 and 10-710.)

What if a minor is in the military?
In Maryland, in the question of emancipation by entering the military applies only to seventeen year olds. Age seventeen (17) is the minimum age to join the military.  You must have the written consent of a parent(s) or guardian if you are under the age of 18. 10 U.S.C.A. §505 (a) Once a minor reaches age 18 in Maryland, s/he is emancipated regardless of military status. 

In general, a minor who enters the armed forces is likely to be seen as emancipated. This is because the government is considered to now exercise the type of control a parent might otherwise have.

However, in Maryland, there is no specific law declaring a member of the military emancipated from his/her parents. The Court of Appeals of Maryland notes that "Whether the entering of a dependent child into the military service constitutes an emancipation falls under the general principle that whether emancipation has occurred in a given case is a factual question." In other words, the answer depends on the specific facts of each case. If it can be shown that the parents continued to support the minor after s/he entered the military, there is less chance that the minor will be considered emancipated. Bradford v. Futrell, 225 Md. 512 (1961)

Entering a Military Academy.  In Maryland, sometimes it is necessary to look at what judges in other states have decided to give some idea of what a judge in Maryland might say. These cases can give you some idea of possible considerations, even though they do not directly apply to Maryland. 

For example, courts in other states have looked at whether entering a military academy (such as West Point or Annapolis) constitutes "entering the armed services". And therefore the minor should be considered emancipated. In Ohio, one court in a support modification action decided that entering an academy is not the same as entering the military. Howard v. Howard, 80 Ohio App. 3d 832, 610 N.E.2d 1152 (1992)

However, courts in other states have decided that enrollment in a military academy is the same as entering active duty with the military. Accord Zuckerman v. Zuckerman, 154 A.D.2d 666, 546 N.Y.S.2d 666 (2nd Dep't 1989) and Porath v. McVey, 884 S.W.2d 692 (Mo. Ct. App. 1994)

It is not clear how a judge might decide this in Maryland.  An attorney can help you to decide whether you might need to take court action and what your chances are of showing emancipation by virtue of entry into military academy.

What if a minor wants a drivers license?
The minimum age for a learner's permit is 15 years and 9 months. If you are under 18, you must have a parent or guardian's signature on your learner's permit application. If you are cited for exceeding the speed limit by more than 20 m.p.h., the Maryland Motor Vehicle Administration (MVA) will notify your parent or guardian. As a result, a parent or guardian can withdraw their consent and your license to drive may be suspended. 

If under 16, you must provide a completed Learner's Permit School Attendance Certification form to an MVA official during the learner's permit application process.  Home schooled applicants must obtain certification from the home school coordinator for the applicant's jurisdiction.

There are situations where other adults may also co-sign the learner's permit application.   These include:

1. A person married to the minor can co-sign the application if the spouse is, 18 years of age or older; or
2. If the minor's parents have died and there is no legal guardian:
   • the minor's employer may sign (if the employer is 18 years of age or older) or
   • a responsible adult aged 18 years or older may sign.

These other adults must also provide the MVA with their current address (and a change of address form within 30 days of changing their mailing address). They also most sign the certification page of the 40-hour practice and skills log.

More information or to find the closest MVA office.

What if a minor has been charged with a crime?
The juvenile court handles cases involving youths who are under age 18 at the time of the incident at issue. Each county and Baltimore City has a juvenile court.

Juvenile court handles the following types of "criminal" cases for persons under the age of 18.

• Children in need of supervision (CINS)- juveniles who are truants from school, violate curfew laws, run away, are disobedient, or ungovernable.
• Delinquency
• Citations for alcohol violations

The goal of the juvenile courts is to assist children and their parents to stop the delinquent behavior. It is not a criminal court. Find out more about Juvenile court.

Committing a delinquent act (or crime) does not emancipate a minor. Parents are held liable for the acts of their children. Parents are accountable to the victims and to the community.

However, in certain situations, the court may decide to remove the child from the home to find another situation that will provide discipline and care.

Cases involving certain serious offenses by juveniles go directly to a criminal court. These cases include:

• Children 14 or older charged with crimes which, if committed by an adult, are punishable by death or life in prison;
• Children 16 or older charged with robbery or attempted robbery with a dangerous or deadly weapon;
• Children 16 or older charged with non-jailable traffic or boating offenses.

However a judge can transfer even these serious cases to the juvenile court.

What if a minor needs medical care without the consent of a parent?
In Maryland a parent is responsible for their childs support, care, nurture, welfare, and education (Family Law § 5-203). The Maryland Court of Appeals has held that medical care is one of these parental responsibilities. State v. Fabritz 276 Md. 416 (1975), Before a physician can give medical or surgical treatment to a minor, the parents must give consent.

Also see more on minors and medical treatment in Maryland and common situations.

What if a minor receives money or property?…
In most states, minors do not have the right to contract. So, parents and other adults cannot simply transfer assets to their minor children, but instead must transfer the assets to a trust. One of the most common trusts for a minor is known as a custodial account. The money then belongs to the minor but is controlled by the custodian until the minor reaches the age of 21 (Md. Estates & Trusts Article §13-320)

A custodian must be responsible for handling money for minors and paying the minors for the minors benefit. (Md. Estates & Trusts Article §13-314). However, money owed to a minor can be placed in a bank account and the minor may withdraw the money with permission from the court (Md. Estates & Trusts Article §13-501).

Up to $5,000 per year can be paid to the account custodian, until the minor reaches the age of 18. (Md. Estates & Trusts Article §13-501). But, once a gift is given to the custodian for the minor, it cannot be taken back (Md. Estates & Trusts Article §13-304).

At age 14 or older, the minor can ask the court to pay them directly. (Md. Estates & Trusts Article §13-314).

What if a minor wants to sign a lease?
 

Source: Maryland State Law Library                                                                 Date of last legal review 01/29/08 (PLL/M.A.J.)