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Emancipation

Term used to describe the act of freeing a person who was under the legal authority of another (such as a child before the age of majority) from that control (such as child reaching the age of majority).

Term used to describe the act of freeing a person who was under the legal authority of another (such as a child before the age of majority) from that control (such as child reaching the age of majority).

From Latin: freedom from the power or authority of another.

Plainville v. Milford 119 Conn. 380 (1934, Supreme Court of Connecticut):

"Ordinarily a child is emancipated at majority. But the desertion of a minor by his parent may also emancipate him.
"Emancipation occurs when a person once under the power and control of another, is rendered free.
"A minor is emancipated if placed in a new relation inconsistent with the former relation as part of his parent's family. Where the parent has absolutely renounced, by agreement or implication, all care and control of the child, he is emancipated. An unemancipated child is presumed to be still under the control of his parent."

emancipation posterIn the era of slavery, a slave would seek emancipation to thus no longer be the property of, slave to the authority of his/her owner.

In the US, Abraham Lincoln issued his famour Emancipation Proclamation on January 1, 1863 (poster pictured) which began with these words:

"That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom."

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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