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The simple answer is yes, children can be legally emancipated from their parents.

What Does Legal Emancipation Mean?

In South Africa, children under 18 are legal minors who cannot act independently without their parents/guardians’ assistance. However, once granted emancipation by the courts, the child can engage in legal acts such as entering contracts.

What Is Required For The Court To Grant Emancipation?

The following requirements must be met:

  1. Parental permission
  2. A career or earning a salary

The court will also consider the relationship between the child and his/ her parents.

What Restrictions Come With Emancipation?

Emancipation does not give the child the same legal status as a major/adult. A parent/ guardian can still withdraw their consent after emancipation has been granted by the courts.

An emancipated child cannot appear before a court without assistance, eg when being sued for breach of contract. An emancipated minor cannot sell fixed property or get married without the permission of a parent or legal guardian.

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