Underage Applicants

Males 17 Years of Age & Females 16 to 17 Years of Age 9-11-102

  • Must Have Parental Consent
  • A Mandatory 5-Day Waiting Period is Required
  • "Parental consent" is defined as the consent of:
    • Both parents of the person under 18 years of age who wishes to enter into a contract for marriage
    • The custodial parent of the person under 18 years of age if the parents are divorced and one parent has been awarded custody exclusive of the non, custodial parent
    • The custodial parent when the non-custodial Number parent has surrendered custody through abandonment or desertion
    • Paternity has been determined by a court of competent jurisdiction and the court has awarded custody to the man adjudged to be the father of the under-aged party
    • A court-appointed guardian of the person under 18 years of age

If One or Both Parties Are Under the Minimum Prescribed Age in 9-11-102 & the Female is Pregnant

In those instances where one or both of the parties wishing to marry are under the minimum age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for marriage license is being made. The circuit judge, after considering all evidence supplied by the parties, may issue an order directing the clerk to issue a marriage license to the party or parties under the minimum age and wishing to marry. 

In those cases where the female has given birth to a child of the parties, the parties may petition the circuit court for consent to marry. The circuit court judge, after considering all of the evidence, may issue an order to the clerk to issue a marriage license to the parties.