An act by which a person, who was once in the power of another, is rendered free. For example, President Lincoln declared the Emancipation Proclamation which freed slaves from their masters and, after the Civil War, this emancipation was made a part of the Constitution with the 13th Amendment. Modern day this term usually refers to the time when a child is free from parental control. A child of a certain age may file to be freed or emancipated from the parent’s duty of care and right to make decisions concerning the child. It may also be pursuant to a voluntary agreement between the parents and child and also may occur if a child is able to become self-supportive (staying at a relatives home while still requiring support is not sufficient for emancipation.) The act of marriage and entering the military may also emancipate a child.
Law Dictionary – Alternative Legal Definition
The act by which one who was unfree, or under the power and control of another, is set at liberty and made his own master. Fremont v. Sandown, 56 N. H. 303; Porter v. Powell, 79 Iowa, 151, 44 N. W. 295, 7 L. R. A. 176, 18 Am. St Rep. 353; Varney v. Young, 11 Vt 258.
In Roman law. The enfranchisement of a son by his father, which was anciently done by the formality of an imaginary sale. This was abolished by Justinian, who substituted the simpler proceeding of a manumission before a magistrate. Inst 1, 12, 6.
In Louisiana. The emancipation of minors is especially recognized and regulated by law.
In England. The term “emancipation” has been borrowed from the Roman law, and is constantly used in the law of parochial settlements. 7 Adol. & E. (N. S.) 574, note. Emancipation proclamation. An executive proclamation, declaring that all persons held in slavery in certain designated states and districts were and should remain free. It was issued January 1, 1863, by Abraham Lincoln, as president of the United States and commander in chief.