DOMESTIC RELATIONS Emancipation of Minors: Establish the Conditions for Minors to Become Emancipated by Law; Provide That a Person be at least 18 years of age in order to contract for marriage except under limited Circumstances; Repeal an Exception to Such Age Requirements in the Case of Pregnancy or Live Birth; Repeal an Exception to Parental Consent Based Upon Pregnancy or Live Birth; Change Certain Provisions Relating to Minor's Contracts for Property or Valuable Consideration or Necessaries; Change Certain Provisions Relating to in Whom Parental Power Lies; Change Certain Provisions Relating to Parents' Obligations to Children Born out of Wedlock; Change Certain Provisions Relating to Abandonment of a Dependent Child; Change Certain Provisions Relating to Voidance and Ratification of Conveyance to or by an Infant; Change Certain Provisions Relating to Reversion of Property Set Apart for Spouse, Children, or Dependents; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes

Authors

Georgia State University Law Review

Document Type

Peach Sheet

Abstract

The Act serves two different seemingly independent purposes. First, the Act codifies Georgia's common law regarding the emancipation of minors. The Act creates nine new Code sections, which establish the conditions for minors to become emancipated, provides for court proceedings for emancipation, and address rescission of emancipation. The Act also establishes the rights and responsibilities of an emancipated minor. Second, the Act amends the Code sections relating to who may contract marriage. The Act eliminates an exception to the parental consent requirement for those below the age of majority who want to marry when a pregnancy or live birth is involved. The Act establishes 18 years as the minimum age at which a person in Georgia may contract to marry. The Act also provides that persons 16 or 17 years of age may contract to marry if they obtain parental consent. The Act eliminates the ability of any person under age to contract marriage, no matter the individual circumstances. The Act eliminates any reference to the parental consent exceptions for minors contracting marriage when pregnancy or live birth is involved.

Recommended Citation

Georgia State University Law Review, DOMESTIC RELATIONS Emancipation of Minors: Establish the Conditions for Minors to Become Emancipated by Law; Provide That a Person be at least 18 years of age in order to contract for marriage except under limited Circumstances; Repeal an Exception to Such Age Requirements in the Case of Pregnancy or Live Birth; Repeal an Exception to Parental Consent Based Upon Pregnancy or Live Birth; Change Certain Provisions Relating to Minor's Contracts for Property or Valuable Consideration or Necessaries; Change Certain Provisions Relating to in Whom Parental Power Lies; Change Certain Provisions Relating to Parents' Obligations to Children Born out of Wedlock; Change Certain Provisions Relating to Abandonment of a Dependent Child; Change Certain Provisions Relating to Voidance and Ratification of Conveyance to or by an Infant; Change Certain Provisions Relating to Reversion of Property Set Apart for Spouse, Children, or Dependents; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes, 23 Ga. St. U. L. Rev. (2012).
Available at: https://readingroom.law.gsu.edu/gsulr/vol23/iss1/12