Full question:
I am an orphan who intends to get a judicial emancipation. What are the requirements for obtaining a judicial emancipation in the case of an orphan child? I live in the state of Puerto Rico.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: National
Answer:
In Puerto Rico, a minor who is an orphan may obtain the benefits of emancipation. Once emancipation is granted, the orphan child is considered an adult for all legal purposes. However, the orphan child is required to fulfill the three conditions for obtaining emancipation. The three conditions are mentioned 31 L.P.R.A. § 953. 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.”
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.”
Under 31 L.P.R.A. § 955, it is stated that once a court has granted emancipation to an orphan (minor), the orphan 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.”
In Puerto Rico, 31 L.P.R.A. § 953 states that a minor (orphan) seeking emancipation is required to meet three conditions. The conditions enumerated under 31 L.P.R.A. § 953are: (1) minor is required to be “over eighteen years of age and have the necessary ability to manage and administer his property;” (2) the minor is required to give consent to such emancipation; and (3) such emancipation is required to be “advantageous to the minor.”
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.
