To protect third parties with whom the
emancipated minor may deal during the pendency of any such appeal, the code expressly provides that "[t]he validity of an act of the minor shall not be affected by the subsequent modification or termination of the judgment." (128)
Each state has its own definitions regarding the status of
emancipated minors (usually those who are married, pregnant, a parent, in the military, or abandoned by their parents).
State law decides parental authority by typically citing the "
emancipated minor" or "mature minor" doctrines (Buchanan & Brock, 1989).
emancipated minors, (234) the scheme of forced parental inheritance is
(157) Finally, as discussed above in Part I,
emancipated minors are generally not required to comply with parental notification and consent statutes.
Some schools accepted notes from parents, making it difficult for those who lived with grandparents or siblings or who were
emancipated minors. Some schools required the note to come from a doctor.
Under the HIPAA privacy rule, adolescents who legally are adults (aged 18 or older) and
emancipated minors can exercise the rights of individuals; specific provisions address the protected health information of adolescents who are younger than 18 and not emancipated.
Only
emancipated minors can legally exceed that limitation.
These are: children with no language comprehension and no decisional capacity (e.g., neonates and early infants); children with some language comprehension but limited decisional capacity; children with good language comprehension and developing decisional capacity; children with good language comprehension and sufficient/substantial decisional capacity who are mature but not
emancipated minors; and, children with good language comprehension and sufficient/substantial decisional capacity who are both mature and
emancipated minors.
Item XX deals with issues of confidentiality in general and for minors in particular, clarifying the status of
emancipated minors and the emancipating situation.
Virginia's recent ban on underage marriage included an exception for
emancipated minors and referenced the state's emancipation statute.
