Whose consent should be taken for minors to marry?

Full question:

My boyfriend and I are orphans and we live in California. We have been dating for 3 years now. We are 17 and 16 years of age respectively and would like to get married. Whose consent should we seek?

• Category: Marriage
• Date: 04/07/2025
• State: California

Answer:

Right to marry is generally considered very personal. It is the couple’s sole discretion whether to marry or not after attaining the age of majority, or once both the parties have reached a stage whereby they do not need the permission of their legal guardian or parent. However, when both the parties are below the age of majority, parental consent is required.

The age of majority in California is 18.

In California, the state allows the minors to get married if they obtain their parents’ consent. But the requirement of parental consent and their presence while obtaining the marriage license may be waived if the parents of the parties are no longer living, or the parents have abandoned the child or are out of the country.

California Family Code §302(a) states:

“(a) An unmarried person under 18 years of age is capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to marry.

(b) The court order and written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.”

Also, the California Family Code §303 reads:

“If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.”

However, it does not mean that every minor party will be allowed to get married under the above stated section. A court may not allow a minor to get married if he/she seems too immature to marry. Here, since both of you are orphans, you may apply to the court for a written consent to marry and issuance for an order permitting the same. The court may allow you to get married depending on the facts and circumstances and if you can show that you are mature enough to enter a marriage.