STATUS OF MINORS AND CHILD SUPPORT
Act 293 of 1968
722.4 Emancipation by operation of law or according to petition filed by minor with family division of circuit court.
Sec. 4.
(1) Emancipation may occur by operation of law or according to a petition filed by a minor with the family division of circuit court as provided in this act.
(2) An emancipation occurs by operation of law under any of the following circumstances:
(a) When a minor is validly emancipated under the laws of another state.
(b) When an individual reaches 18 years of age.
(c) During the period when the minor is on active duty with the United States Armed Forces.
(d) For the purposes of consenting to routine, nonsurgical medical care or emergency medical treatment to a minor, when the minor is in the custody of a law enforcement agency and the minor's parent or guardian cannot be promptly located. The minor or the minor's parent remains responsible for the cost of any medical care or treatment rendered under this subdivision. An emancipation under this subdivision ends upon the termination of medical care or treatment or upon the minor's release from custody, whichever occurs first.
(e) For the purposes of consenting to his or her own preventive health care or medical care including surgery, dental care, or mental health care, except vasectomies or any procedure related to reproduction, during the period when the minor is a prisoner committed to the jurisdiction of the department of corrections and is housed in a state correctional facility operated by the department of corrections or in a youth correctional facility operated by the department of corrections or a private vendor under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g; or the period when the minor is a probationer residing in a special alternative incarceration unit established under the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18. This subdivision applies only if a parent or guardian of the minor cannot promptly be located by the department of corrections or, in the case of a youth correctional facility operated by a private vendor, by the responsible official of the youth correctional facility.
(3) An emancipation occurs by court order under a petition filed by a minor with the family division of circuit court as provided in sections 4a to 4e.
History: 1968, Act 293, Eff. Nov. 15, 1968 ;-- Am. 1972, Act 16, Imd. Eff. Feb. 19, 1972 ;-- Am. 1986, Act 164, Imd. Eff. July 7, 1986 ;-- Am. 1988, Act 403, Eff. Mar. 30, 1989 ;-- Am. 1993, Act 257, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 412, Eff. Jan. 1, 1998 ;-- Am. 1998, Act 509, Imd. Eff. Jan. 8, 1999 ;-- Am. 2023, Act 73, Imd. Eff. July 12, 2023
PopularName Notes:
Emancipation of Minors Act
Notes of Decisions
Cited in
13
cases, 1971–2016 · leading case:
People v. Roberts, 808 N.W.2d 290 (Mich. Ct. App. 2011).
People v. Roberts, 808 N.W.2d 290 (Mich. Ct. App. 2011).
· cites it 5× “145c(6) provides: “It is an affirmative defense to a prosecution under this section that the alleged child is a person who is emancipated by operation of law under section 4(2) of 1968 PA 293 , MCL 722.4, as proven by a preponderance of the evidence.”
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
· cites it 4× “[26] MCL 722.4(2)(a). A minor who is 16 or 17 can marry with the consent of a parent.”
Smith v. Smith, 447 N.W.2d 715 (Mich. 1989).
· cites it 6× “" See MCL 722.4; MSA 25.244(4). [15] *617 The amendments of the Child Custody Act and the emancipation statute exemplify how the Legislature has acted to conform the laws governing the protection and support of children with the Age of Majority Act.”
People v. Jones, 894 N.W.2d 723 (Mich. Ct. App. 2016).
· cites it 2× “136b(1)(d) (“ ‘Person’ means a child’s parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.”
In re Beck, 793 N.W.2d 562 (Mich. 2010).
“3(1); see also MCL 722.4(2). In contrast, when a minor is emancipated by court order, the parental duty to support continues.”
People v. Aspy, 808 N.W.2d 569 (Mich. Ct. App. 2011).
“145c to provide an affirmative defense if the alleged child is a person who is emancipated by law under MCL 722.4. MCL 750.145c(6). Defendant specifically argues that the trial court denied him the right to present a defense when it precluded him from establishing that the…”
In Re Clausen, 502 N.W.2d 649 (Mich. 1993).
“5426 (allowing a minor age fourteen or older to nominate a person as the minor's guardian); MCL 722.4 to 722.4e; MSA 25.244(4) to 25.”
Evink v. Evink, 542 N.W.2d 328 (Mich. Ct. App. 1995).
“In this case, the three minor children were not emancipated under MCL 722.4; MSA 25.244(4). There was no emancipation within the meaning of MCL 722.”
In Re Juv. Commitment Costs, 613 N.W.2d 348 (Mich. Ct. App. 2000).
“Defendant was emancipated from his parents under MCL 722.4(2)[; MSA 25.244(4)(2)] beginning May 15, 1996.”
Merch. v. Merch., 343 N.W.2d 620 (Mich. Ct. App. 1983).
“MCL 722.4(l)(a); MSA 25.244(4)(l)(a). A parent is no longer required to support an emancipated child.”
Ortman v. Miller, 190 N.W.2d 242 (Mich. Ct. App. 1971).
· cites it 2× “13 MCLA § 722.4 (Stat Ann 1971 Cum Supp § 25.”
DeBoer v. Schmidt, 502 N.W.2d 649 (Mich. 1993).
“5426 (allowing a minor age fourteen or older to nominate a person as the minor’s guardian); MCL 722.4 to 722.4e; MSA 25.244(4) to 25.”
— Mich. Comp. Laws § 722.4(1)(b) — 1 case
Smith v. Smith, 447 N.W.2d 715 (Mich. 1989).
“" See MCL 722.4; MSA 25.244(4). [15] *617 The amendments of the Child Custody Act and the emancipation statute exemplify how the Legislature has acted to conform the laws governing the protection and support of children with the Age of Majority Act.”
— Mich. Comp. Laws § 722.4(2) — 4 cases
People v. Roberts, 808 N.W.2d 290 (Mich. Ct. App. 2011).
“145c(6) provides: “It is an affirmative defense to a prosecution under this section that the alleged child is a person who is emancipated by operation of law under section 4(2) of 1968 PA 293 , MCL 722.4, as proven by a preponderance of the evidence.”
In re Beck, 793 N.W.2d 562 (Mich. 2010).
“3(1); see also MCL 722.4(2). In contrast, when a minor is emancipated by court order, the parental duty to support continues.”
In Re Juv. Commitment Costs, 613 N.W.2d 348 (Mich. Ct. App. 2000).
“Defendant was emancipated from his parents under MCL 722.4(2)[; MSA 25.244(4)(2)] beginning May 15, 1996.”
— Mich. Comp. Laws § 722.4(2)(a) — 1 case
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
“[26] MCL 722.4(2)(a). A minor who is 16 or 17 can marry with the consent of a parent.”
— Mich. Comp. Laws § 722.4(2)(b) — 1 case
Smith v. Smith, 447 N.W.2d 715 (Mich. 1989).
“" See MCL 722.4; MSA 25.244(4). [15] *617 The amendments of the Child Custody Act and the emancipation statute exemplify how the Legislature has acted to conform the laws governing the protection and support of children with the Age of Majority Act.”
— Mich. Comp. Laws § 722.4(2)(c) — 1 case
Woodman v. Kera LLC, 785 N.W.2d 1 (Mich. 2010).
“[26] MCL 722.4(2)(a). A minor who is 16 or 17 can marry with the consent of a parent.”
— Mich. Comp. Laws § 722.4(l)(a) — 1 case
Merch. v. Merch., 343 N.W.2d 620 (Mich. Ct. App. 1983).
“MCL 722.4(l)(a); MSA 25.244(4)(l)(a). A parent is no longer required to support an emancipated child.”
— Mich. Comp. Laws § 722.4(l)(b) — 1 case
Smith v. Smith, 447 N.W.2d 715 (Mich. 1989).
“" See MCL 722.4; MSA 25.244(4). [15] *617 The amendments of the Child Custody Act and the emancipation statute exemplify how the Legislature has acted to conform the laws governing the protection and support of children with the Age of Majority Act.”
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