Shes 16 and wants to be with me and i want to know if she can. Shes pregnant and wants to know wen she has the baby or if she can right now be emancipated as an adult

How old are you? The age of consent in Texas for sexual conduct is 17. Therefore, if you had intercourse with your girlfriend, you could be subject to prosecution. The fact that she is pregnant is irrelevant.

Regarding emancipation, it is known as Removal of Disabilities of Minority. Some states automatically emancipate a woman when she either becomes pregnant or has a child. In Texas, a pregnant child or mother-child is still subject to the care and control of their guardians. She would need to either petition for the Removal of Disabilities of Minority or Marriage.

Let me know how old you are and tell me more about the situation and I can lead you in the right direction.

Some states automatically emancipate a woman when she either becomes pregnant or has a child.

I'm not aware of any state where a minor is considered emancipated due to pregnancy/parenthood--other than being able to make medical decisions for theirself/their child. Which states are you speaking of?

"Some states automatically emancipate a woman when she either becomes pregnant or has a child."

When I answered this question, I was ignorantly assuming that most pregnant minors would be living away from the care and control of their parents since most parents wouldn't approve of thier child having a baby. Let me correct myself.

If a child becomes pregnant, there are no states that terminate parental rights because of the pregnancy. However, some states have recognized, through court opinion, that a pregnant minor is considered emancipated if they leave the care and control of their guardians and establish a residency with the intent to be free of the control of their guardians.

If a minor has a baby, some states also recognize that establishing a residency away from the care and control of their guardians with the intent to be free of the control of their guardians will emancipate the minor. Some court opinions have even recognized that a minor-parent forfeits their right to parental support when they have a child and choose to move out away from the care and control of their guardians.

To be more specific, for example, Maryland law states that a pregnant female over the age of 16 is "emancipated" with respect to matters concerning the pregnancy. This is written in all states and is more commonly known as the pregnant minor having rights over THEIR children. However, a few states, like Maryland, have the law written to where there is a gray-area in interpretation and allows for pregnant minors to have more freedom than a child. Maryland also supports emancipation as a pregnant-minor leaving the care and control of their parents and establishing a residency with a partner or friend. California and Connecticut are a few more examples.

Conclusion: Simply becoming pregnant or having a child does not emancipate a minor. However, there are a few states that will recongnize a pregnant minor or minor-parent as emancipated if they establish a residency with a partner or friend and leave the care and control of their parents with the exclusive intent to care for themselves and for their child/future child. I apologize for not being more specific. I wasn't concerned with explaining emancipation. Rather, I was concerned with properly answering the question for Texas only, thus leading to my "lazy" comments. I hope I've clarified the answer.

There are grounds for emancipation and marriage here; in Texas, the petition is for removal of the disabilities of minority and you may need to go in front of a judge if there is not parental consent to emancipation and/or marriage

Shes 16 and wants to be with me and i want to know if she can. Shes pregnant and wants to know wen she has the baby or if she can right now be emancipated as an adult

please let me know if this worked out for you...i want my boyfriend to move in with me, especially since i may be pregnant also.

I am a nurse in Texas and was recently told conflicting information. On the one hand, I was told that only when a female minor has actually given birth is she no longer condisered a minor and can consent to her own medical treatment - irregardless of a parents wishes. On the other, I was told that as soon as a minor becomes pregnant, she can give medical consent for any treatment that becomes necessary regarding her pregnancy - i.e. sonograms, amniocentesis, etc., but not for gallbladder removal, etc (treatments not related to the pregnancy). This is such a grey area, I really need clarification. Anyone have a resource out there? Thanks!

Texas Family Code chapter 32 (section 32.003)

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

This is an old thread and you will want to start your own to get a correct reply.

Since the pregnancy has to do with HER child, yes, she would be able to make the choices for that child. No one can force her to give up the child and no one can force her to take a specific test during pregnancy.

I am not a lawyer and there may be more specific case law information on this, but I am unaware where to find that.

Texas Family Code chapter 32 (section 32.003)

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

Darn you are good!

I think this will clarify. What I've read is that a "child" may consent to any medical/surgical procedure??? Hhhmmmm.... What with all the clauses and subclauses, etc., it makes for hard reading. But I will refer to this in the future.

I think this will clarify. What I've read is that a "child" may consent to any medical/surgical procedure??? Hhhmmmm.... What with all the clauses and subclauses, etc., it makes for hard reading. But I will refer to this in the future.

(4) is unmarried and pregnant and consents to
hospital, medical, or surgical treatment, other than abortion,
related to the pregnancy;


If the 16 year or older lives APART from the parents, then they can consent to other procedures. If they are with parents, then they need their consent for things not related to pregnancy except for some emergencies which would be obvious.

Thanks for this clarification. It was never mentioned at work re: living apart from parents. This makes a whole lot of difference!! And this site is GREAT!!;)

The minor DOES have the right to consent for any and all health care as it pertains to HER child, no matter where she lives or with whom.

It seems a bit stupid that she can be responsible for her child's care, but not her own, but...nobody asked me for my vast wisdom when writing the codes.

So, if I get this right, in Texas, a female minor who is pregnant can consent to any medical/surgical procedure (except abortion) concerning her pregnancy. She can also consent to any medical/surgical procedure concerning her child after it is born. But if she continues to live with a parent, she has to have parental consent for her own medical/surgical care until she reaches her majority. But if she is living apart from her parent(s), she can consent to any medical/surgical care for herself even as a minor.

You got it.