Parent and Child Rights and Relationships
Right to contract for dwelling unit and utilities without parental consent
(1)The Legislative Assembly finds that there are in the State of Oregon unemancipated minors who are living apart from their parents and are homeless. Many of these minors are able financially to provide housing and utility services for themselves and their children, but cannot contract for these necessities due to perceived legal limitations affecting contracts with minors. The purpose of this legislation is to address those limitations.
(2)For purposes of this section, “minor” means an unemancipated and unmarried person who is living apart from the person’s parent, parents or legal guardian, and who is either:
(a)Sixteen or 17 years of age;
(b)Under 16 years of age and the parent of a child or children who are living in the physical custody of the person; or
(c)Under 16 years of age, pregnant and expecting the birth of a child who will be living in the physical custody of the person.
(3)Notwithstanding any other provision of law, a minor may contract for the necessities of a residential dwelling unit and for utility services to that unit. Such a contract is binding upon the minor and cannot be voided or disaffirmed by the minor based upon the minor’s age or status as a minor.
(4)The consent of the parent or legal guardian of such minor shall not be necessary to contract for a residential dwelling unit or utility services to that unit. The parent or legal guardian of such minor shall not be liable under a contract by that minor for a residential dwelling unit or for utility services to that unit unless the parent or guardian is a party to the minor’s contract, or enters another contract, for the purpose of acting as guarantor of the minor’s debt. [1993 c.369 §29]
Law Review Citations
12 WLJ 569-589 (1976)