Can a 17 year old have a valid marriage in California?

Full question:

My boyfriend and I are orphans living in California. We are 17 years old. We want to get married. Is it possible and will our marriage be considered valid?

  • Category: Marriage
  • Subcategory: Minor
  • Date:
  • State: California

Answer:

In California, if a minor wishes to marry and has no parent capable of providing consent, the minor should file an application in the court.  The court upon being satisfied  that the minor requires a consent to marry and has no parent capable of consenting, shall make an order consenting to issuance of marriage license and grant permission to the minor to marry. This is provided in California Family Code §303 which reads as follows:
 
“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.”

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.

FAQs

Yes, a 17-year-old can get married in California if they have no parent to provide consent. They must apply to the court for permission to marry. If the court approves their application, they can obtain a marriage license. This process is governed by California Family Code § 303.