Minnesota Mom Suing Transgender Daughter – She’s Emancipated, Right?

By now, many of you have heard the case of the Minnesota mother, Anmarie Calgaro, who is suing her transgender daughter as well as St. Louis County, the child’s school district and a couple of healthcare providers.

At the center of the dispute is the mother’s claim that the child underwent gender reassignment treatment and therapy without her consent. The minor child in question is 17 years old and will not turn 18 until the summer of 2017.

The woman also states that the medical providers and the child’s school will not release any records to her.

The minor’s attorneys, school and physicians have stated that the transgender female is emancipated from her mother and is not required to notify or get permission from her mother for any medical decisions.

Ms. Calgaro is requesting that the court reinstate her parental rights so that she can block the child’s attempts to continue with reassignment procedures.

This case is a bit complicated because mom is asking that the court reinstate a right that the court never took away. This is because Minnesota does not have a process for minors to emancipate themselves. In fact, that word does not even exist under Minnesota law. The court does not issue rulings on emancipation matters and all that is required to be considered emancipated is that the child is not living with the parents (there is no minimal time period specified) and is making their own personal and financial decisions. That’s it.

The minor provided the court a letter to the court via her attorney that she drew up with the help of legal aid. The letter declares her emancipation from her mother.

The girl’s attorney and physicians state that the child has not lived with the mother for a period of 6 months and during that time the mother has not reached out the girl nor tried to return her to the home. She was not reported as a runaway or a missing person to authorities.

The outcome of this case is being watched closely as an outcome in the mother’s favor could be seen as a catalyst for change of the Minnesota abortion laws regarding minors. Under this law, a minor cannot undergo an abortion without notifying their parents and then they must wait 48 hours before going through with the procedure. Anti-abortion supporters are anxious to use this as a tool to have the current law changed.

For assistance with emancipation matters or any other legal family matter, please contact us for a consultation to discuss your case.