Age of Majority Law

On December 22, 2009, Law No 26,579 (the “Law”) was published in the Official Gazette. The Law, which was enacted by the Argentine Congress on December 2, 2009, establishes a new Legal Age Regime, introducing amendments to the Civil and Code of Commerce.

1. Amendments to the Regime of the Age of Majority

The Law set forth, among others, the following changes to the Regime of the Age of Majority:

a) The Age of Majority was lowered from 21 to 18 years. Consequently, a person will legally cease to be considered a minor when the age of 18 is attained.

b) Minors from the ages of 14 to 18 are considered “adult minors”.

c) Emancipation granted by parents or guardian and approved by a Court of competent jurisdiction when the minor reaches the age of 18 ceased to be valid.

d) Regardless of their gender a, minor under the age of 18 may not marry another minor under the age of 18, nor an adult unless the permission of parents, guardian or the Judge is given.

e) Minors who have contracted marriage obtain emancipation and acquire full legal status.

f) Minors under the age of 18 are only allowed to practice a profession or trade with their parents’ authorization, unless they have already obtained a professional degree.

g) The Public Authorities (Ministry of Minors) or any minor older than 16 years of age will be able to request their guardian to show them the accounts of the guardianship when there is reasonable evidence of breaches of said guardian’s fiduciary duty to the minor’s estate.

h) The legal dispositions that establish rights or obligations until the legal age must be understood to be referred to 18 years of age, except for those related to benefits regarding social security that will be extended until the age of 21, provided that the laws in force do not establish a different age.

2. Extension of the parents’ child support duty

Although on the one hand this Law lowers the age of majority from 21 to 18 years old, on the other it extends the obligation of financial care and support of children beyond the age of majority until the age of 21.

Thus, child support duty comprises maintenance, education and recreation, clothing, housing, health and any expenses incurred by any illness.

Therefore, although custody over children concludes at the moment the minor reaches the age of 18, the child support duty subsists, in principle, until the age of 21 is attained.

Moreover, the Law set forth that parents will not have to comply with child support duty if the child who is older than 18 years or the parent, where appropriate, can prove that the former has sufficient resources to live on.