Department :: Youth Services

Information about Emancipation of Minors

The law was passed by the 1977 Oregon Legislature and became effective October 4, 1977.

It must be made clear that the law does not provide a way for minors to legally become adults. It only goes far enough to make it possible for 16 and 17 year old minors to live away from their parents. An emancipated minor is still a minor under the law, but with certain rights and responsibilities.

It is necessary that a minor who wants to be emancipated file a legal paper with the Circuit Court which is called an "Application for Decree of Emancipation". The minor will receive help with that form at the Juvenile Department. When this legal paper is filed with the Circuit Court Clerk, the minor must also pay a $162.00 filing fee. The same day, the Juvenile Department will prepare summons to be served on the minor's parents. The hearing date will be within 10 days of the filing of the application with the Circuit Court Clerk.

At the hearing, the Court must:
1) Find out if the parent(s) having custody of the minor live in Wasco County or if the minor is a ward of the Wasco County Juvenile Court.
2) Find out if the minor is 16 or 17 years of age.
3) Find out if the parents or guardian consent to the minor's emancipation.
4) Find out if the minor has been living away from the home.
5) Find out if the minor is mature enough and knows enough to take care of himself without help from his parents.

If the Court finds the law is satisfied with these answers and that it will be good for the minor to be emancipated, the judge will sign a "Decree of Emancipation". If the Court is not satisfied with the answers, the application will be dismissed by the Court. Filing fees cannot be refunded.

The Decree of Emancipation does only the following things:
1) Recognizes the minor as an adult for the purpose of: contracting and conveying, establishing their own residence, suing and being sued, and the criminal laws of Oregon. The minor is also free from curfew laws.
2) Terminates the law requiring parents to support and care for their children. Until the minor is 18, the law requiring children to support their parents when they are poor and unable to work is suspended.

The Decree of Emancipation does not effect:
1) The age of obtaining a marriage license.
2) The age for purchasing alcoholic liquor.
3) The person's legal status as a minor.

After the decree is granted, the minor is required to get a new driver's license or ID card from the Oregon Department of Motor Vehicles which will prove they are emancipated.

Emancipation of Minor Pursuant to ORS 419B.550; ORS 419B.552; ORS 419B.555; ORS 419B.558