Legal Definitions - infant

In legal terms, an infant refers to a person who has not yet reached the age of legal majority. While the everyday use of "infant" typically means a newborn baby, its legal meaning is much broader, encompassing anyone below the age at which they are considered an adult in the eyes of the law.

Historically, under common law, this age was set at twenty-one years. However, many jurisdictions in the United States and elsewhere have since lowered the age of majority to eighteen through statutes (written laws). Until a person reaches this statutory age, they are legally considered an "infant" and may have limited capacity to enter into contracts, manage their own property, or make certain legal decisions without the involvement of a parent or guardian.

Here are some examples illustrating the legal use of the term "infant":

• Contractual Capacity: Imagine a 17-year-old aspiring musician who wants to sign a recording contract with a major label. Legally, this individual is an infant. This means that, in most cases, the contract would not be fully binding on them, and they could potentially disaffirm or cancel it once they reach the age of majority. To make the contract enforceable, the record label would typically require a parent or legal guardian to co-sign, thereby taking on the legal obligations.

  This example demonstrates how an "infant" has limited capacity to enter into legally binding agreements, protecting them from potentially unfavorable contracts.

• Property Management: Consider a 15-year-old who inherits a significant sum of money and a piece of real estate from a deceased relative. Because this individual is an infant, they cannot legally manage these assets themselves. A court would typically appoint a guardian or trustee to oversee the inheritance until the 15-year-old reaches the age of majority, ensuring the assets are managed responsibly and for the infant's benefit.

  This illustrates that an "infant" lacks the legal authority to manage substantial property or financial assets independently.

• Legal Proceedings: Suppose a 19-year-old in a state where the age of majority is still 21 is involved in a civil lawsuit, perhaps as a plaintiff seeking damages for an injury. Because they are legally an infant in that jurisdiction, they cannot represent themselves in court. A "guardian ad litem" (a guardian appointed by the court specifically for the lawsuit) would need to be appointed to represent their interests throughout the legal proceedings.

  This example shows that an "infant" may require a court-appointed representative to act on their behalf in legal matters, reflecting their status as not yet having full legal adult rights.