By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 13, 2022
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Delaware recognizes 18 as the "age of majority," or the age at which state residents are legally considered adults, as do most other states. But state laws also govern a minor's eligibility to become emancipated, give consent to medical treatment, and other legal matters.
In simple terms, this means that a person under the age of majority needs parent/guardian permission before they can do many things such as enter into a legally binding contract. Once they are 18, permission is no longer needed. Emancipation is not an option for minors in the state of Delaware.
This article provides a brief overview of the legal age statutes in Delaware.
The table below highlights some of the main provisions of Delaware's legal age laws. See Emancipation of Minors and Parental Liability Basics for related information.
Age of Majority |
18 (Del. C. 1 § 701) |
|---|---|
Eligibility for Emancipation |
No statute |
Contracts by Minors |
18 (Del. C. 6 § 2705) |
Minors' Ability to Sue |
18 (Del. C. 10 § 3923) |
Minors' Consent to Medical Treatment |
Under Del C. 13 § 707, consent to medical treatment may be given by the parent or guardian of any minor, a married minor, a person of the age of 18 or older, or a minor parent for their child |
Legal Age for Alcohol and Tobacco/E-cigarette Purchase and/or Consumption |
21 |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Whether you are a minor seeking medical treatment or have other age-related legal questions, consider talking to an attorney.
Get started by reaching out to a Delaware family law attorney near you.
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