Full question:
I am pregnant with my boyfriend’s child. I am 17 years old and so is my boyfriend. We want to get married but our parents won’t give us their consent. Is it necessary that we get our parent’s consent for marriage in Florida?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: Florida
Answer:
In Florida, typically when the marriage of a minor is in question, who is between the ages of 18 and 16, parental consent is a must per the provision in Fla. Stat. § 741.0405 which reads:“(1) If either of the parties shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths. However, the license shall be issued without parental consent when both parents of such minor are deceased at the time of making application or when such minor has been married previously.
***However, minors may not require the consent of their parent per subsection 3 of § 741.0405 if they can prove that they are the expectant parents of a child. Subsection 3 of §
741.0405 reads:
“***
(3) When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge of any county in the state may, in his or her discretion, issue a license to marry:
(a) To any male or female under the age of 18 years upon application of both parties sworn under oath that they are the expectant parents of a child; or
(b) To any female under the age of 18 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent.
***”
(3) When the fact of pregnancy is verified by the written statement of a licensed physician, the county court judge of any county in the state may, in his or her discretion, issue a license to marry:
(a) To any male or female under the age of 18 years upon application of both parties sworn under oath that they are the expectant parents of a child; or
(b) To any female under the age of 18 years and male over the age of 18 years upon the female's application sworn under oath that she is an expectant parent.
***”
In the case at hand, the minors may approach the court for a license to marry without the consent of their parents if they obtain a verified written statement from a licensed physician that they are the expectant parents of a child.
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.
