2018 New Mexico Statutes
Chapter 32A - Children's Code
Article 21 - Emancipation of Minors
Section 32A-21-5 - Over the age of majority; purposes.
An emancipated minor shall be considered as being over the age of majority for one or more of the following purposes:
A. consenting to medical, dental or psychiatric care without parental consent, knowledge or liability;
B. his capacity to enter into a binding contract;
C. his capacity to sue and be sued in his own name;
D. his right to support by his parents;
E. the rights of his parents to his earnings and to control him;
F. establishing his own residence;
G. buying or selling real property;
H. ending all vicarious liability of the minor's parents, guardian or custodian for the minor's torts; provided that nothing in this section shall affect any liability of a parent, guardian, custodian, spouse or employer of a minor imposed by the Motor Vehicle Code [66-1-1 NMSA 1978] or any vicarious liability that arises from an agency relationship; or
I. enrolling in any school or college.
History: Laws 1995, ch. 206, § 51.
Cross references. — For consent to medical care by emancipated minors, see 24-10-1 NMSA 1978.
Partial emancipation. — The district court may emancipate a minor for some, rather than all of the enumerated purposes, and reserve the minor's rights with respect to other purposes, including the right to financial support from a parent. Diamond v. Diamond, 2012-NMSC-022, 283 P.3d 260, rev'g 2011-NMCA-002, 149 N.M. 133, 245 P.3d 578.
Emancipation reserving right to support from parents. — Where the district court issued a declaration of emancipation declaring the minor "an emancipated minor in all respects, except that [the minor] shall retain the right to support" from the minor's parent; and the minor petitioned the district court to order the minor's parent to pay retroactive and prospective child support to the minor, the district court's reservation of the minor's right to seek child support and the award of child support was consistent with the Emancipation of Minors Act. Diamond v. Diamond, 2012-NMSC-022, 283 P.3d 260, rev'g 2011-NMCA-002, 149 N.M. 133, 245 P.3d 578.
List of benefits and consequences of emancipation. — Section 32A-21-15 NMSA 1978 lists the types of benefits and consequences of emancipation under various circumstances, but does not authorize a partial emancipation. Diamond v. Diamond, 2011-NMCA-002, 149 N.M. 133, 245 P.3d 578, rev'd, 2012-NMSC-022, 283 P.3d 260.
Post-emancipation child support. — New Mexico law does not permit a minor emancipated pursuant to the Emancipation of Minors Act to collect child support payments for the period after emancipation and continuing until the emancipated minor reaches the age of eighteen. Diamond v. Diamond, 2011-NMCA-002, 149 N.M. 133, 245 P.3d 578, rev'd, 2012-NMSC-022, 283 P.3d 260.
