Many race teams, series, and tracks allow minors (in most states, a person under 18 years old) to participate in motor racing activities only if they first become “partially emancipated.” Emancipation means a minor’s legal independence — becoming free from parental control and assuming the legal status of an adult.

Indiana allows a court to partially emancipate a minor for the limited purpose of entering professional auto and motorcycle racing contracts. After partial emancipation, a minor cannot void a racing contract, including a release, because he or she was a minor at contract signing.

Serious injury is an unavoidable risk of motor racing. Race teams, series, and tracks are able to operate only because of the liability protection they receive by requiring drivers, crew, and other race participants to sign waivers, releases, and indemnity agreements.

In most states, including Indiana, a minor is generally able to void a contract he or she forms with an adult or business simply because the minor is a minor. This rule is based on the presumption that there is always unequal bargaining power between a minor and an adult (or business) and exists to protect less experienced minors. Indiana’s partial emancipation procedure gives racing organizations the comfort that a minor cannot avoid a release simply because the minor is a minor.

Minors with at least five years of racing experience can be partially emancipated in Indiana for the purpose of entering a racing contract (auto or motorcycle). In addition, the minor must (a) show that he or she understands the risks of racing and (b):

1. live in Indiana;

2. be employed in Indiana;

3. drive or work for a team headquartered in Indiana;

4. race in a series with a sanctioning body headquartered in Indiana; or

5. race in a series that competes at an Indiana track (such as the Indianapolis Motor Speedway or Lucas Oil Indianapolis Raceway Park).

Partial emancipation in Indiana is usually a three-step process.

1. A lawyer files a petition for partial emancipation in a court of proper jurisdiction.

2. The lawyer, the minor, and the minor’s parents appear before a judge to present information the judge needs to lawfully emancipate the minor.

3. The court enters a partial emancipation order.

On occasion, the judge will not require the second step, although it is recommended.

Yes. It is often easier and faster to get an emancipation order from an Indiana court than from a court in another state (New York, for example). Hoosiers have long loved racing, and most Indiana judges are familiar with racing and the emancipation process.

If a team, series, or track located outside of Indiana requires a local court to partially emancipate a minor as a condition of allowing a minor to race, the local court will usually “domesticate” the Indiana emancipation order. Courts typically follow the principle of “comity” and recognize the validity of judicial decisions and laws of other states.

The partial emancipation process should begin as soon as possible. Typically, I am able to prepare and file a partial emancipation petition and related papers in a week or less. The timing of a court appearance on the petition (usually lasting less than 30 minutes) depends on the judge’s schedule and whether the court will permit the parties to appear by video conference. The emancipation order is typically entered a day or two after the appearance.

The partial emancipation proceeding ends with a court order stating that the minor is partially emancipated — but only for the purpose of entering certain specified racing contracts, including releases.

Under Indiana law, the emancipated minor and his or her parents may not avoid the contracts referred to in the court order by alleging that the minor was under a legal disability by reason of the minor’s age.

Yes, you’re in the right place. I have helped many minors obtain partial emancipation orders in different Indiana courts. Most recently I served as counsel for an Indiana-based INDY NXT race team where I helped emancipate three minors.

In addition to minors driving for Indiana-based teams, I can also help emancipate minors competing in racing series sanctioned by:

• INDYCAR;

• United States Auto Club (USAC), such as USF Pro, USF 2000, USF Juniors, Sprint Car, Midget, Silver Crown, Porsche Sprint and Endurance, Radical Cup, and Off-Road series;

• NASCAR,+ such as Cup, Xfinity, Truck, and ARCA;

• National Hot Rod Association (NHRA)+; and

• Sports Car Club of America (SCCA),+ such as Trans Am, FR Americas, and F4 US Championship.

+ Emancipation available if minor intends to compete in a series that holds a race in Indiana.

My fee for partial emancipation is primarily influenced by whether travel is required to attend a court appearance for the emancipation proceeding. Unless the minor or his or her parents prefer otherwise, to try to limit costs, I always request a court appearance by video conference, such as Zoom. Once I am able to determine the proper court, I am usually able to agree to a fixed fee or “not to exceed” fee.

Call or e-mail me. I will send you a questionnaire to complete with information needed to prepare the emancipation petition. We will agree on the terms of engagement and the fee. After I receive the fee (which I will hold in trust until the emancipation is complete), I will begin the process.