Code of Alabama

Ala. Code § 26-13-1 (2026)

When Authorized; Procedure Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026

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The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:

(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.

(2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.

(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.

(Code 1876, §2735; Code 1886, §2357; Code 1896, §829; Code 1907, §4505; Acts 1923, No. 562, p. 735; Code 1923, §8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, §13.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1996–2024 · leading case: Anderson v. Loper, 689 So. 2d 118 (Ala. Civ. App. 1996).

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Anderson v. Loper, 689 So. 2d 118 (Ala. Civ. App. 1996). · cites it 2× “Ala.Code 1975, § 26-13-1. The trial court must base its decision on emancipation on the best interest of the minor child.”

Thomas v. Campbell, 960 So. 2d 694 (Ala. Civ. App. 2006). “1982), and because a judgment declaring a minor child to be emancipated that is entered pursuant to § 26-13-1, Ala. Code 1975, has been held to preclude a subsequent award of Bayliss support as to that child, see B.”

In re O.J.G.-O. (Appeal from Lee Juv. Court: JU-23-228.01). (Ala. Civ. App. 2024). · cites it 4× “We agree with the petitioner that the juvenile court lacked subject-matter jurisdiction to relieve the minor of disabilities of nonage because no petition seeking such relief was filed by the minor, a guardian of the minor, or the minor's parents.”

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