Full question:
I gave birth to my child a week back. I want to get married to my boyfriend as soon as possible. We are 17 years old and are ready for this step. Is it necessary for us to get the consent of our parents?
- Category: Minors
- Subcategory: Age of Majority
- Date:
- State: South Carolina
Answer:
In South Carolina, the law provides for the issuance of a marriage certificate to an unmarried female and male who are below the age of 18 in the state if the couple is expecting a child or has had a child.S.C. Code Ann. § 20-1-300 reads:
“Notwithstanding the provisions of Sections 20-1-250 to 20-1-290, a marriage license may be issued to an unmarried female and male under the age of eighteen years who could otherwise enter into a marital contract, if such female be pregnant or has borne a child, under the following conditions:
(a) the fact of pregnancy or birth is established by the report or certificate of at least one duly licensed physician;
(b) she and the putative father agree to marry;
(c) written consent to the marriage is given by one of the parents of the female, or by a person standing in loco parentis, such as her guardian or the person with whom she resides, or, in the event of no such qualified person, with the consent of the superintendent of the department of social services of the county in which either party resides;
(d) without regard to the age of the female and male; and
(e) without any requirement for any further consent to the marriage of the male.”
(a) the fact of pregnancy or birth is established by the report or certificate of at least one duly licensed physician;
(b) she and the putative father agree to marry;
(c) written consent to the marriage is given by one of the parents of the female, or by a person standing in loco parentis, such as her guardian or the person with whom she resides, or, in the event of no such qualified person, with the consent of the superintendent of the department of social services of the county in which either party resides;
(d) without regard to the age of the female and male; and
(e) without any requirement for any further consent to the marriage of the male.”
In the case at hand, the couple may opt for a marriage certificate per the above-quoted section. In the event that the parents do not give their consent to the marriage per subsection (c), they may get the consent of the superintendent of the department of social services of the county in which either of them resides.
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.
