Short title
Short title. This Act may be cited as the Emancipation of Minors Act. (Source: P.A. 93-105, eff. 7-8-03.)
Illinois · statute · 750 ILCS 30 · 16 active provisions
Short title. This Act may be cited as the Emancipation of Minors Act. (Source: P.A. 93-105, eff. 7-8-03.)
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 the minor's own affairs and to live wholly or partially independent of the minor's parents or guardian, may obtain the legal status of an emancipated person with power to ent…
Definitions. Terms used in this Act, unless the context otherwise requires, have the meanings ascribed to them in Sections 3-1 through 3-5. (Source: P.A. 81-833.)
Minor. "Minor" means a person 16 years of age or over, and under the age of 18 years, subject to this Act. (Source: P.A. 81-833.)
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 the minor's own affairs and to live wholly or partially independent of the minor's parents or guardian. (Source: P.A. 103-22, eff. 8-8-23.)
Parents. "Parent" means the father or mother of a lawful child of the parties or a child born out of wedlock, 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. (Source: P.A. 94-229, eff. 1-1-06.)
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. (Source: P.A. 85-1440.)
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. (Source: P.A. 85-1209.)
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 the minor's next friend, parent or guardian and after any hearing or notice to all pers…
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 f…
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…
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…
Notice. All persons named in the petition shall be given written notice within 21 days after the filing of the petition for emancipation. Those persons shall have a right to be present if a hearing is sought or scheduled and to be represented by counsel. All notices shall be served on persons named in the petition by p…
Hearing on petition. (a) Mature minor. Before proceeding to a hearing on the petition for emancipation of a mature minor 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 dete…
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 as a mat…
Appeal. Any judgment or order allowing or denying a complete or partial emancipation is a final order for purposes of appeal. (Source: P.A. 81-833.)