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Emancipation of a minor

Verified 19 février 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

An emancipated minor may perform acts requiring a legal majority on his or her own. The minor's emancipation is the result of a decision by the guardians' judge. Emancipation has an effect on both the minor and his or her parents.

Emancipation is the act by which a minor is legally assimilated to a major and can perform acts requiring a legal majority on his or her own.

The emancipation of a minor takes place essentially on the decision of the guardianship judge at the request of his or her parents, or in case of guardianship of the minor, of the family council.

The minor must be over 16 years of age.

The application for enfranchisement must be based on just grounds and be in the best interests of the child.

A minor is automatically emancipated by marriage, whatever his age. Exemption for marriage before age 18 is granted by the public prosecutor for serious reasons and with the consent of the parents.

By parents

The child's emancipation can be requested together by his 2 parents.

It can also be requested by only one of the 2 parents in case of disagreement between them or if only one of them is holder of parental authority.

The parent(s) must bring the juvenile guardians before the court of the place of the minor's habitual residence or the domicile of his legal representative.

You must use the following form:

Emancipation Request

Cerfa n° 15425*03 - Ministry of Justice

The minor cannot refer the matter to the judge himself, but he must be heard by him.

  Please note : if the parents disagree, the parent who did not apply for enfranchisement must be heard by the judge, unless the judge is unable to express his or her will.

By the Family Council

The emancipation of the child under guardianship may be requested by the family council in any of the following 3 situations:

  • Parents deceased
  • Parents deprived of parental authority
  • Parents unable to express their will

It is the guardian's responsibility to ask the judge to convene the family council to deliberate on the child's application for emancipation. In the absence of action by the guardian, a member of the family council may ask the judge to summon the family council.

The family council must refer the case to the court of the place of the minor's habitual residence or the guardian's domicile.

He can do it simple query delivered or addressed to the court registry.

The minor cannot refer the matter to the judge himself, but he must be heard by him.

The decision of the judge pronouncing or refusing the emancipation may be appealed to the Court of Appeal within 15 days of its notification.

Who shall I contact

The emancipated minor is capable, as a major, of all acts of civil life: he can enter into a contract of employment, sign a sale, take out a credit...

However, certain acts deemed serious are prohibited. He cannot marry or consent to her adoption without the consent of his parents. He cannot be a merchant without the permission of the guardians' judge at the time of his emancipation (or of the president of the court after his emancipation).

You have to be 18 to vote, conclude Pacs, drive or entering a casino.

The emancipated minor ceases to be under the authority of his parents. They are no longer responsible for any damage the minor may cause.

The emancipated minor can thus choose the place where he will live, his meetings and leisure activities, his professional orientation...

On the other hand, parents must continue to contribute to the maintenance and education of their child (school fees, medical care, clothing...).