Illinois law provides that a minor may seek emancipation from his or her parents through a judicial order.  In order to become emancipated, a minor must petition the court.

A minor needs to demonstrate to a court that he or she will be able to live independently from his or her parent.   Illinois House Bill 2256 seeks to revise the additional requirements to be proven.  I am reporting on a pending bill, not a bill that has become law.

This bill removes language that provides that no order of complete or partial emancipation may be entered if there is any objection by the minor’s parents or guardian. Instead, it provides that an order of complete or partial emancipation may be entered.  If the court finds, in a hearing, that emancipation would be in the minor’s best interest.   

The current Emancipation of Minors Act can be found at 750 ILCS 30/1.