Full question:
My parents are not willing to give me consent for marriage. I am 17 years old and I am a resident of Indiana. How do I overcome this hurdle to get married?
- Category: Minors
- Date:
- State: Indiana
Answer:
In Indiana, Burns Ind. Code Ann. § 31-11-2-1 and § 31-11-2-2 requires a person below the age of 18 to get consent from a guardian or a parent. But the law in Indiana also provides for a person to make a petition to the court right to marry without consent per Burns Ind. Code Ann. § 31-11-2-3. It reads:“(a) An individual who is less than eighteen (18) years of age may marry if:
(1) the individual petitions the judge of the circuit or superior court of a county that is:
(A) the county of residence of the individual or the county of residence of the individual that the individual intends to marry; or
(B) a county that adjoins a county described in clause (A);
(2) the judge of the circuit or superior court directs the clerk of the circuit court to issue the individuals who intend to marry each other a license to marry without obtaining the consent required by section 1 [IC 31-11-2-1] of this chapter; and
(3) the individual is not prohibited from marrying for a reason set forth in IC 31-11-1.
(b) The petition made under subsection (a)(1) may be made in writing or orally. The judge of the court may conduct investigations and hold hearings on the petition. The judge may, by written order, direct the clerk of the circuit court to issue a marriage license under subsection (a)(2) if the judge:
(1) considers the facts relevant to the issue presented by the petition;
(2) finds that good and sufficient reason for the order has been shown; and
(3) finds that the order is in the best interest of all persons concerned with the issues raised in the petition.”
In the case at hand, the person may approach the court per the above quoted section for the right to marry without his parent’s consent.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
