Full question:
Last year, I lost both my parents in a car accident. I am still a minor (19 years old) and wish to obtain an emancipation decree from the court. Is it possible for an orphan to obtain the benefits of emancipation under the law prevailing in Puerto Rico?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: National
Answer:
An orphan may obtain the benefits of emancipation like any other minor. However, the orphan child is required to fulfill the three conditions that are mentioned under 31 L.P.R.A. § 953.Per 31 L.P.R.A. § 951, an orphan (minor) may obtain the benefits of emancipation by a decree of the court. 31 L.P.R.A. § 951 reads:
“A minor who has lost both parents may obtain the benefit of majority by concession of the part of the Court of First Instance of his domicil, after a hearing of the prosecuting attorney.”
Per 31 L.P.R.A. § 953, certain conditions need to be fulfilled for an orphan (minor) to be granted the concession stated in 31 L.P.R.A. § 951. 31 L.P.R.A. § 953 reads:
“For granting the concession stated in the preceding sections, it shall be required:
1. That the minor be over eighteen years of age and have the necessary ability to manage and administer his property.
2. That the minor consent to the emancipation.
3. That such emancipation be deemed advantageous to the minor.”
Under 31 L.P.R.A. § 955, it is stated that once a court has granted emancipation to an orphan child (minor), the orphan child (minor) is to be considered “as of age for all legal effects, without exception.” 31 L.P.R.A. § 955 reads:
“When the Court of First Instance decrees the emancipation of the minor, it shall order that he be considered as of age for all legal effects, without exception.”
An orphan child (minor) may file a petition in the court to obtain the benefits of emancipation. However, in order to be granted emancipation under 31 L.P.R.A. § 951, the orphan child (minor) is required to fulfill the conditions stated in 31 L.P.R.A. § 953.
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.
