Marriage License Age Requirements
Effective July 1, 2006, per O.C.G.A.§19-3-2:
To be able to contract marriage, a person must:
- Be of sound mind;
- Be at least 18 years of age;
- Have no living spouse of a previous undissolved marriage;
- Not be related to the prospective spouse by blood or marriage within the prohibited degrees.
If either applicant for marriage is 16 or 17 years of age, parental consent is required and a certified birth certificate for the minor will need to be presented. The certification must be within the last 45 days. Both parents MUST give written consent unless his/her rights have been terminated by an Order of a court.
If the parents of the minor were EVER MARRIED, then BOTH parents will need to provide picture identification and written consent.
If the parents were married and now are divorced, BOTH parents must give written consent. It does not matter if one or the other is the custodial parent as determined by the divorce agreement; the Law states both parents must give written consent for their minor’s marriage application.
If the parents were never married and if the father has legitimated the child, then the father will need to provide a certified copy of the Order legitimizing his child. This Order will be either from a Superior Court or a Juvenile Court. In this case BOTH parents must give written consent for their child to obtain a marriage license.
If the mother of the minor was not married and there is no father listed on the birth certificate, only consent from the mother will be needed.
If the minor has a legal guardian who wishes to consent to the marriage, the guardian will need to produce a certified copy of the Letters of Guardianship or Court Order, which has been certified within the last 60 days. The legal guardian may give written consent and then the parent will have to be sent notification that a marriage license has been issued to that minor. Further, if there is more than one legal guardian, then BOTH guardians must consent.
If any parent is unable to come to the Probate Court in person due to illness or infirmity, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent is physically incapable of being present shall suffice.
(An affidavit is a notarized document.)
In ALL cases, documentation MUST be presented. Valid picture identification and properly certified documents are required. Notarized documents must contain the expiration date of the notary.
