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Guide to emancipation

Northwest Justice Project

English

If you live in Washington State, are age 16 or 17, and want to be legally considered an adult, you can use this guide to ask a judge to declare you emancipated.

1. Fast facts

Do I qualify for emancipation?

Only if you prove all of these by clear and convincing evidence:

  • You live in Washington.
  • You can take care of your own finances.
  • You can handle your own educational, personal, social, and/or any other business.

In most civil cases, you only have to prove things by a “preponderance of the evidence” — meaning you can show that something is more likely true than false. “Clear and convincing evidence” is harder. For that, you must prove something is very likely true.

What if my parents don’t want me to emancipate?

If your parent, guardian, or custodian opposes your petition, you must prove that it would be bad for you if the court didn’t emancipate you.

What about school? 

You can still go to school if you’re emancipated. In fact, you must prove to the judge that you can handle your education.  

If you’re age 16 – 19, live in Washington State, and you’ve been kicked out of (expelled from) school, or you don't feel safe in school, you can still get a high school degree. 

Visit GED.com to learn more about the GED high school equivalency exam, available study materials and classes, or to sign up to take the test. There may be some cost to preparing for and taking the test, but financial help may be available. Contact your local DSHS, library, or community college to find out about any help near you. 

How will emancipation change things?

These things will change:

  • Your parents no longer support you. You must come up with money and pay for personal needs like clothes, food, or rent.
  • Someone can sue you in your own name.
  • You have the right to your own earnings.
  • You can live in your own home.
  • You can sign contracts, including loans, leases, or real estate contracts. The law will treat you as an adult for contracts you sign.
  • You can give informed consent for all health care services.

What won’t change?

The law will not consider you an adult for these:

  • Criminal Laws - if you’re the accused, the law treats you as an adult only in the same situations where it could have done so even before you were emancipated. If you’re the victim, emancipation doesn’t matter.
  • Voting - you can’t vote until you are 18.
  • Alcohol - you can’t drink or buy alcohol until you’re 21.
  • Other – you’re still subject to other legal health or safety regulations that depend on age.
2. Before you file