Full question:
My daughter lives in Oklahoma and is 17 years old. She likes to marry her boyfriend and asked for my consent. I am currently working in Washington and am not able to come to Oklahoma soon. Is it possible to provide parental consent in my absence?
- Category: Marriage
- Subcategory: Minor
- Date:
- State: Oklahoma
Answer:
In Oklahoma, a person must be 18 years old to enter a marriage without parental approval. If the person is above 16 years, they require authorization from a court as well as parental consent to enter a marriage. Generally, the consent must be expressly given by the parent in the presence of the authority issuing the license or written consent acknowledged before a judge of the district court or the court clerk of any county within the state of Oklahoma. However, it is also provided under Oklahoma law that, if the parent resides outside the state of Oklahoma, and if the written consent is executed before a judge or clerk of a court of record, then the consent shall be authenticated in the same manner. Thus, you may approach a judge or clerk of a court of record in Washington and execute a consent andthat consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdiction in Oklahoma.The provisions related to the marriage and parental consent to the marriage I provided under 43 Okl. St. § 3. This read in pertinent part as follows:
“A. Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.
B.
1. Except as otherwise provided by this subsection, no person under the age of eighteen (18) years shall enter into the marriage relation, nor shall any license issue therefor, except:
a. upon the consent and authority expressly given by the parent or guardian of such underage applicant in the presence of the authority issuing such license,
b. upon the written consent of the parent or guardian of such underage applicant executed and acknowledged in person before a judge of the district court or the court clerk of any county within the State of Oklahoma,
c. if the parent or guardian resides outside of the State of Oklahoma, upon the written consent of the parent or guardian executed before a judge or clerk of a court of record. The executed foreign consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdictions,
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B.
1. Except as otherwise provided by this subsection, no person under the age of eighteen (18) years shall enter into the marriage relation, nor shall any license issue therefor, except:
a. upon the consent and authority expressly given by the parent or guardian of such underage applicant in the presence of the authority issuing such license,
b. upon the written consent of the parent or guardian of such underage applicant executed and acknowledged in person before a judge of the district court or the court clerk of any county within the State of Oklahoma,
c. if the parent or guardian resides outside of the State of Oklahoma, upon the written consent of the parent or guardian executed before a judge or clerk of a court of record. The executed foreign consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdictions,
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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.
