Pursuant to ORS 419B.550 to 419B.558
- Minors interested in applying for emancipation can pick up an explanation and procedure pamphlet, Oregon Revised Statute (ORS) regarding the emancipation of minors and an application for decree of emancipation from the juvenile court or Juvenile Services.
- Applicants may proceed with taking the notarized decree of emancipation to the juvenile court clerk, pay the filing fee and request a preliminary hearing be scheduled.
Points the Judge will consider in deciding whether a child shall be emancipated:
- Whether the parent of the minor consents to proposed emancipation;
- Whether the minor has been living away from the family home and is substantially able to be self-maintained and self-supported without parental guidance and supervision;
- Whether the minor can demonstrate to the satisfaction of the Court that the minor is sufficiently mature and knowledgeable to manage the minor’s affairs without parental assistance.
- The Judge finds that emancipation serves the best interest of the minor.
Minor’s status when emancipation has been granted:
- Minor shall be subject to jurisdiction of Adult Court for all criminal offenses;
- Minor has adult status with regard to curfew laws;
- Minor is recognized as an adult for purposes of contracting and conveying, establishing a residence, suing, and being sued.
- Parents do not have the right to control nor the duty to support the emancipated child.
A decree of emancipation shall not effect any age qualification for purchasing or consuming alcoholic beverages, the requirements for obtaining a marriage license, nor the minor’s status under ORS 109.510, which refers to age of majority;
Applicants for emancipation should note that there is no provision in the law to become 'unemancipated' once emancipation has been granted.