What are the circumstances for emancipating a pregnant minor in California?

Full question:

I am a grandparent and have had custody of my 17 year old granddaughter for the last 5 years. She is currently under probation intake on house arrest and also Children & Youth Services are involved. She is 8 weeks pregnant. I was told in the OB's office that at her age if she is pregnant, she is considered emancipated. The permanent custody decree was handed down in Superior Court, Alameda County, California. Neither my granddaughter nor her boyfriend who she is not allowed to see by her PO, have any means of supporting themselves (she is still in high school; he is 19 and has no job). She keeps breaking the probation rules and my house rules. Under what circumstances can she be emancipated? Would I have to file termination of guardianship papers in CA or PA?

• Category: Guardianship
• Date: 04/07/2025
• State: Pennsylvania

Answer:

Emancipation is the legal process that grants a minor the status of an adult. In Pennsylvania, there isn't a general emancipation statute outlining procedures. Instead, emancipation is determined by the specific circumstances of each case. For instance, simply dropping out of school or having a job does not automatically lead to emancipation. Additionally, emancipation is not always permanent; a minor's status can change based on their situation.

Minors typically cannot seek emancipation just to escape parental rules. Emancipation may be granted for specific purposes, like medical consent, but does not mean the minor is fully independent in all aspects, such as voting or purchasing alcohol. The court must hold a hearing to determine if emancipation is appropriate, often as part of another legal proceeding involving the minor.

Pregnancy alone does not automatically emancipate a minor. Factors considered for emancipation include whether the minor lives with their parents, is supported by them, intends to be independent, and can support themselves. If a minor marries or joins the military, they are automatically emancipated. In your case, you would need to file a petition to terminate guardianship in the court that established it.