Emancipation of minors is a legal mechanism. It is how a minor is freed from control by their parents or guardians. Basically becoming of age early. Of course, also the parents or guardians are freed from responsibility toward the child. Emancipation allows the child to legally make decisions on their own behalf.
The latest law on this issue in Spain is Article 53 of the Law 15/2015 of 2nd July on Voluntary Jurisdiction or Non Contentious Proceedings. A minor over 16 years old can make an application to the Judge of the local Court. This is local to the current address of the minor i.e. where they live now.
Emancipation of minors or being released from parental authority needs the following circumstances met:
It is also possible for a child to make an application to a Judge of the local Court. In order to hear an application for emancipation of minors. Or for them being allowed to make legal decisions themselves if they are currently being taken care of by a guardian.
It is not a legal obligation to have a lawyer or a barrister for these proceedings. Unless an objection to the application is lodged with the Court. In this case, a lawyer is mandatory, but it is obviously usually advisable.
The proceeding requires an application to the court by the minor. The minor must be over 16 years of age. Also present there must be a parent whose parental authority is in force, or their guardian. If the minor does not have these present, then the Court appoints a guardian to request the proceeding. The public prosecutor represents and defends the minor. This is until a guardian is appointed by the Court.
The application should include documents proving the circumstances as to why emancipation or legal age is being requested. For example, if parents are divorcing. And they wish to pass their property to their child rather than to one or the other. Thus they wish them to be recognised as of legal age early, so that the minor can accept an early inheritance.
Although not a common procedure, emancipation of minors occasionally is required due to certain circumstances. If we can assist with this or a similar matter, (please see our page regarding family law) , then contact us directly for assistance.