Emancipation

Emancipation means to be released from parental authority, i.e. to reach adulthood. In Puerto Rico a person reaches the age of majority at the age of 21. The law requires that any minor who wishes to be emancipated must be at least 18 years old.

Ways to achieve emancipation in Puerto Rico

In Puerto Rico, there are several ways to achieve emancipation:

  1. The age of majority, which in PR is 21 years;
  2. by the parents' concession, by means of a deed;
  3. by the court, if either parent does not agree; or,
  4. by marriage, but until the age of 18 he or she will not be able to make certain arrangements.

By Deed Only

According to the new Civil Code of Puerto Rico, effective from 2020, for an emancipation to be valid, it has to be by deed. Previously, it was also allowed by affidavit or affidavit, but not anymore. The deed is a legal document, similar to the affidavit, but more rigorous, that is, a little more detailed.

The Emancipation Deed has to be authorised and signed by both parents with parental authority over the minor in order to be valid. If one of the parents objects, then a petition can be submitted to the court. If one of the parents lives outside of PR, then the lawyer will first have to send an affidavit to that parent to state his or her position.

For the deed, it is a requirement to attach the child's Birth Certificate. As a general rule, if the names of both parents appear on the birth certificate, then both parents must sign the deed together with the child. The Birth Certificate to be used must have been issued from 2010 onwards. If you do not have the Certificate, and the child was born in Puerto Rico, please know that we can get it immediately through this link.

Conclusion

Emancipation of a minor, as long as he/she is between 18 and 20 years old, can be done through a deed, to be prepared by a notary attorney in Puerto Rico.

Once the Emancipation Deed is signed, we as notary lawyers take care of everything. This includes taking a certified copy to the Registro Demogr√°fico de Puerto Rico for the deed to be registered.

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