IC 34-28-3
Chapter 3. Partial Emancipation for Minors to Participate in
Automobile and Motorcycle Racing
IC 34-28-3-1 Application of chapter
Sec. 1. This chapter applies to a person who wishes to participate
in professional automobile or motorcycle racing events. As added by P.L.1-1998, SEC.24.
IC 34-28-3-2 Petition to court; requirements; terms of emancipation
Sec. 2. (a) This section applies to:
(1) a circuit or superior court that has jurisdiction in the county
in which the minor resides or is employed; or
(2) if the minor neither resides in nor is employed in Indiana,
the circuit or superior court that has jurisdiction in the county
in which any party to the contract or release has its principal
office in Indiana.
(b) A circuit or superior court described in subsection (a) may
partially emancipate a minor under this chapter if the court finds all
of the following:
(1) The minor and the minor's parents, having petitioned the
court, appear before the court and agree that the minor should
be partially emancipated to be allowed to participate in
professional automobile or motorcycle racing events.
(2) The minor possesses the maturity to understand the hazards
and risks involved in participating in automotive or motorcycle
racing events.
(3) The minor and the minor's parents understand what it means
for the minor and the minor's parents to be bound by any
contracts, releases, or indemnity agreements the minor signs
once the minor is partially emancipated under this chapter.
(4) If the minor intends to drive in a professional automobile or
motorcycle racing event, that the minor has five (5) years
experience in go-kart, automobile, or motorcycle racing.
(c) Whenever the court partially emancipates a minor under this
chapter, the court shall specify the terms of the emancipation, which
are limited to any of the following:
(1) The ability to contract for the purposes of participating in
professional automobile and motorcycle racing events.
(2) The ability to sign liability releases or indemnity agreements
required by a sanctioning entity of professional automobile or
motorcycle racing events. As added by P.L.1-1998, SEC.24.
IC 34-28-3-3 Avoiding contract, liability release, or indemnity agreement
entered into by partially emancipated minor prohibited
Sec. 3. A minor who has been partially emancipated under this
chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract,
a liability release, or an indemnity agreement referred to in a court
order issued under this chapter (or IC 34-4-44.2 before its repeal) by
alleging that the minor was under a legal disability by reason of the
minor's age. No parent of a minor who has been partially
emancipated under this chapter (or IC 34-4-44.2 before its repeal)
may seek to have a contract, a liability release, or an indemnity
agreement signed by the partially emancipated minor as allowed
under this chapter set aside by reason of the minor's age at the time
the minor entered into the contract, regardless of whether the parent
participates in the partial emancipation proceeding or fits the
definition of a parent under IC 34-6-2-93. As added by P.L.1-1998, SEC.24.
IC 34-28-3
Chapter 3. Partial Emancipation for Minors to Participate in
Automobile and Motorcycle Racing
IC 34-28-3-1 Application of chapter
Sec. 1. This chapter applies to a person who wishes to participate
in professional automobile or motorcycle racing events. As added by P.L.1-1998, SEC.24.
IC 34-28-3-2 Petition to court; requirements; terms of emancipation
Sec. 2. (a) This section applies to:
(1) a circuit or superior court that has jurisdiction in the county
in which the minor resides or is employed; or
(2) if the minor neither resides in nor is employed in Indiana,
the circuit or superior court that has jurisdiction in the county
in which any party to the contract or release has its principal
office in Indiana.
(b) A circuit or superior court described in subsection (a) may
partially emancipate a minor under this chapter if the court finds all
of the following:
(1) The minor and the minor's parents, having petitioned the
court, appear before the court and agree that the minor should
be partially emancipated to be allowed to participate in
professional automobile or motorcycle racing events.
(2) The minor possesses the maturity to understand the hazards
and risks involved in participating in automotive or motorcycle
racing events.
(3) The minor and the minor's parents understand what it means
for the minor and the minor's parents to be bound by any
contracts, releases, or indemnity agreements the minor signs
once the minor is partially emancipated under this chapter.
(4) If the minor intends to drive in a professional automobile or
motorcycle racing event, that the minor has five (5) years
experience in go-kart, automobile, or motorcycle racing.
(c) Whenever the court partially emancipates a minor under this
chapter, the court shall specify the terms of the emancipation, which
are limited to any of the following:
(1) The ability to contract for the purposes of participating in
professional automobile and motorcycle racing events.
(2) The ability to sign liability releases or indemnity agreements
required by a sanctioning entity of professional automobile or
motorcycle racing events. As added by P.L.1-1998, SEC.24.
IC 34-28-3-3 Avoiding contract, liability release, or indemnity agreement
entered into by partially emancipated minor prohibited
Sec. 3. A minor who has been partially emancipated under this
chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract,
a liability release, or an indemnity agreement referred to in a court
order issued under this chapter (or IC 34-4-44.2 before its repeal) by
alleging that the minor was under a legal disability by reason of the
minor's age. No parent of a minor who has been partially
emancipated under this chapter (or IC 34-4-44.2 before its repeal)
may seek to have a contract, a liability release, or an indemnity
agreement signed by the partially emancipated minor as allowed
under this chapter set aside by reason of the minor's age at the time
the minor entered into the contract, regardless of whether the parent
participates in the partial emancipation proceeding or fits the
definition of a parent under IC 34-6-2-93. As added by P.L.1-1998, SEC.24.
IC 34-28-3
Chapter 3. Partial Emancipation for Minors to Participate in
Automobile and Motorcycle Racing
IC 34-28-3-1 Application of chapter
Sec. 1. This chapter applies to a person who wishes to participate
in professional automobile or motorcycle racing events. As added by P.L.1-1998, SEC.24.
IC 34-28-3-2 Petition to court; requirements; terms of emancipation
Sec. 2. (a) This section applies to:
(1) a circuit or superior court that has jurisdiction in the county
in which the minor resides or is employed; or
(2) if the minor neither resides in nor is employed in Indiana,
the circuit or superior court that has jurisdiction in the county
in which any party to the contract or release has its principal
office in Indiana.
(b) A circuit or superior court described in subsection (a) may
partially emancipate a minor under this chapter if the court finds all
of the following:
(1) The minor and the minor's parents, having petitioned the
court, appear before the court and agree that the minor should
be partially emancipated to be allowed to participate in
professional automobile or motorcycle racing events.
(2) The minor possesses the maturity to understand the hazards
and risks involved in participating in automotive or motorcycle
racing events.
(3) The minor and the minor's parents understand what it means
for the minor and the minor's parents to be bound by any
contracts, releases, or indemnity agreements the minor signs
once the minor is partially emancipated under this chapter.
(4) If the minor intends to drive in a professional automobile or
motorcycle racing event, that the minor has five (5) years
experience in go-kart, automobile, or motorcycle racing.
(c) Whenever the court partially emancipates a minor under this
chapter, the court shall specify the terms of the emancipation, which
are limited to any of the following:
(1) The ability to contract for the purposes of participating in
professional automobile and motorcycle racing events.
(2) The ability to sign liability releases or indemnity agreements
required by a sanctioning entity of professional automobile or
motorcycle racing events. As added by P.L.1-1998, SEC.24.
IC 34-28-3-3 Avoiding contract, liability release, or indemnity agreement
entered into by partially emancipated minor prohibited
Sec. 3. A minor who has been partially emancipated under this
chapter (or IC 34-4-44.2 before its repeal) may not avoid a contract,
a liability release, or an indemnity agreement referred to in a court
order issued under this chapter (or IC 34-4-44.2 before its repeal) by
alleging that the minor was under a legal disability by reason of the
minor's age. No parent of a minor who has been partially
emancipated under this chapter (or IC 34-4-44.2 before its repeal)
may seek to have a contract, a liability release, or an indemnity
agreement signed by the partially emancipated minor as allowed
under this chapter set aside by reason of the minor's age at the time
the minor entered into the contract, regardless of whether the parent
participates in the partial emancipation proceeding or fits the
definition of a parent under IC 34-6-2-93. As added by P.L.1-1998, SEC.24.
