[citation needed] In Roman law the father of the extended household, the pater familias, exercised autocratic authority through patria potestas including his wife, his children and his slaves.
Such rights persisted through feudal and English common law, assigning most people the status of personal property (chattel).
[3] Also in any jurisdiction statute law may limit action due to insufficient age, such as the purchase of alcohol or the right to drive on public roads, without regard to capacity.
Common law countries that retain the idea of control and emancipation include Canada, South Africa, and the United States.
Countries that have followed the route to gradual civic rights for adolescents include England and Wales, Ireland, Australia and New Zealand.
Statutory provision for juvenile emancipation has spread outside of common law jurisdictions,[citation needed] for example in Brazil.
For example, elements of coercion can void the emancipation, so if a child agrees to leave because their life has been made intolerable through fault, the court may decree the parents still owe a duty of support.
Courts decide in the minor's best interest: between parental control, care through child services (including fostering or adoption), and emancipation.
A grant of partial emancipation may, for example, be given to homeless youths to allow them to consent to state housing programs.
[12][13][14] Depending on state laws, minors may be able to obtain medical treatment, marry, or exercise other rights (such as driving, voting, etc.)
In general, an emancipated minor does not require parental consent to enter into contracts, get married, join the armed forces, receive medical treatment, apply for a passport, or obtain financing.
Failure to meet these requirements can result in the state taking civil and/or criminal action against the child's parent(s).
They would also gain the legal capacity to enter into binding contracts and have the authority to marry or join the armed forces.
In some states, free legal aid is available to minors seeking emancipation, through children law centers.
Based on federal and state laws, those whose mental disability is so severe that they are incapable of caring for themselves may not necessarily be considered or legally viewed as emancipated, even though they have attained the age of majority.
That may or may not affect legal matters related to such things as insurance benefits, SSI, SSDI, wills, tax obligations to them and their caregivers, medical decisions, religious choices, residential and other accommodations, etc.