What are the rights of an Emancipated minor in Puerto Rico?

Full question:

I am a 20-year-old student. I wish to file a petition in the court for Emancipation. I want to know the rights of an Emancipated minor in Puerto Rico.

  • Category: Minors
  • Subcategory: Emancipation of Minor
  • Date:
  • State: National

Answer:

In Puerto Rico, per 31 L.P.R.A. § 971, the age of majority is 21 years. Once the minor is emancipated, the emancipated minor will be treated as a person who has attained majority. The emancipated minor will have the legal right to govern himself and his property, like any other person who has attained the age of majority.

Per 31 L.P.R.A. § 971, “Majority begins at the age of twenty-one years.” 31 L.P.R.A. § 971 states the rights of a person who has attained the age of majority. 31 L.P.R.A. § 971 reads:

“A person having attained the age of majority is capable of executing all the acts of civil life, with the exceptions established in special cases by this title.”
Per 31 L.P.R.A. § 912, “emancipation may be petitioned for either by a relative of the minor or by the minor himself.”

31 L.P.R.A. § 912 reads:

“A minor who shall have completed the said age of eighteen years may also be emancipated by a decision of the Court of First Instance for the purpose of administering his property. . . .”

Emancipation gives the minor the right to govern himself and his property “as if he were of legal age.”

Per 31 L.P.R.A. § 915 reads:
“The emancipation capacitates the minor to govern himself and his property as if he were of legal age.”
However, the parents of an emancipated minor have no duty to support their emancipated minor child.

31 L.P.R.A. § 601 states:
“The father and the mother have, with respect to their children not emancipated:
(1) The duty of supporting them, keeping them in their company, educating and instructing them in accordance with their means, and representing them in the exercise of all actions which may redound to the benefit of such children.
(2) The power to correct and punish them moderately.”
 
Emancipation gives the minor the right to govern himself and his property as if the minor has become a major. In addition, under 31 L.P.R.A. § 971, the minor will be capable of governing himself and his property. However, the emancipated minor may lose the right to ask for support from his/her parents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Emancipation allows a minor to gain legal independence from their parents or guardians. This can be necessary for various reasons, such as the desire for personal autonomy, the need to manage one's own finances, or escaping an unhealthy living situation. In Puerto Rico, emancipation is a legal process that grants minors the rights and responsibilities of adulthood (31 L.P.R.A. § 912).