Rule 3.618.Emancipation of Minor
Subchapter 3.600 — Miscellaneous Proceedings · Last verified September 5, 2026
Full Text of Rule 3.618
Plain-English Summary
MCR 3.618 covers a petition to emancipate a minor, and it divides into two concerns. Most of the rule is about notice: who gets it, how it is delivered, how far ahead of the hearing, and what happens when someone cannot be found. The rest is about the order, and about keeping a social security number out of the public file.
Who is entitled to notice
Subrule (A) lists four interested persons: the minor, the parents of the minor, the affiant on an affidavit supporting emancipation, and any guardian or conservator. Subrule (B) requires a summons served on an interested person at least 14 days before the hearing unless that person has waived service. The summons directs the person to appear at a time and place the court specifies and identifies the nature of the hearing.
How service is made
Personal service is the rule. Subrule (C)(1) requires it for the summons and petition, and subrule (D)(1) repeats the 14 day interval. Registered mail carries longer intervals: the summons must be sent at least 21 days before the hearing for an interested person residing in Michigan, and at least 28 days for one residing outside Michigan.
Subrule (C)(2) supplies the fallback when a person's whereabouts cannot be found after diligent inquiry. The petitioner files proof of the efforts made to locate that person in a statement verified under MCR 1.109(D)(3). If the court finds that a reasonable attempt was made, it may enter an ex parte order directing another manner of service reasonably calculated to give notice, including publication.
Publication
Subrule (C)(3) sets the terms. Notice is published in a newspaper as defined by MCR 2.106(F) at least one time 21 days before the hearing, in the county where the court is located. The notice names the individual it is directed to, describes the nature of the hearing, and states that the hearing may affect that individual's interest. A copy is mailed to the last known address, unless that address cannot be ascertained after diligent inquiry. Once an interested person has been served by publication, notice is required only on a person whose address is known or becomes known during the proceedings. Proof of service follows MCR 2.106(G).
Orders and proof
Subrule (E) puts service of any order on the clerk, and excuses service on a person who received notice of the petition and hearing by publication. Subrule (F) sends proof of service of the summons and petition to MCR 2.104(A), and of other documents to MCR 2.107(D).
The two part order
Subrule (G) solves a records problem. To meet Social Security Administration requirements, the court gives the minor a copy of the emancipation order carrying the minor's full social security number, if the minor has one, while the order kept in the court's file does not. The minor shows the card to the judge at the hearing and the judge enters the number on the minor's copy. A minor who does not bring the card, or has none, may present it to the clerk later; after verifying identity, the clerk enters the number on a copy for the minor.
The order is on a two part form approved by the State Court Administrative Office. The first part goes in the case file without the number. The second carries the number and states that the order is a certified copy of the order on file, except that the number appears only on the minor's copy. The clerk signs that copy, and there is no fee. Subrule (H) adds one more direction: a minor's birth certificate filed as required by MCL 722.4a is maintained confidentially.
Frequently Asked Questions
Who has to be served in a Michigan emancipation case?
Subrule (A) identifies the interested persons as the minor, the parents of the minor, the affiant on an affidavit supporting emancipation, and any guardian or conservator. Under subrule (B)(1), a summons must be served on an interested person at least 14 days before the hearing unless that person has waived the right to service.
How much notice is required if the summons goes by registered mail?
Subrule (D)(2) requires the summons to be sent at least 21 days before the hearing for an interested person residing in Michigan and at least 28 days for one residing outside Michigan. Personal service carries the shorter interval of at least 14 days before the hearing.
What happens if a parent cannot be located?
Subrule (C)(2) requires the petitioner to file proof of the efforts made to locate the person in a statement verified under MCR 1.109(D)(3). If the court finds that a reasonable attempt was made, it may issue an ex parte order directing another manner of service reasonably calculated to give notice, including publication.
What does the published notice have to say?
Under subrule (C)(3)(b), it includes the name of the individual to whom notice is given, a statement describing the nature of the hearing, and a statement that the hearing may affect that individual's interest in the matter. Publication is in a newspaper as defined by MCR 2.106(F), at least one time 21 days before the hearing, in the county where the court is located.
Why does the emancipation order come in two parts?
To satisfy Social Security Administration requirements without putting the number in a court file. Subrule (G)(2) provides for a two part form: the first part goes in the case file without the social security number, and the second part carries the number along with a statement that it is a certified copy of the order on file with the court except that the number appears only on the minor's copy. The clerk signs the minor's copy and there is no fee for it.
What if the minor does not bring a social security card to the hearing?
Subrule (G)(1) allows the minor to present the card to the clerk of the court at a later date. After verifying the minor's identity, the clerk enters the social security number on a copy of the order to be given to the minor.