Under Idaho law, can a 17-year-old child marry without the consent of parents?

Full question:

I am 17 years old and live with my mom. My dad passed away in 2012. I do not have a good relationship with my mom. My boyfriend (17years old) and I are planning to get married secretly without telling our parents. Under Idaho law, can a 17-year-old marry without the consent of parents?

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

Answer:

In Idaho, the marriageable age for both male and female is 18 years. If a person below the age of 18 years but not less than 16 years wants to marry then such person requires written consent of father, mother or guardian. Further, if the female and male intending to get married is below the age of 18 years, then they need to submit their original birth certificate, or certified copy or other proof of ageto the county recorder. The relevant statutory provision is stated below.

Idaho Code § 32-202 reads:
 
“Any unmarried male of the age of eighteen (18) years or older, and any unmarried female of the age of eighteen (18) years or older, and not otherwise disqualified, are capable of consenting to and consummating marriage. Provided that if the male party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, or if the female party to the contract is under the age of eighteen (18) and not less than sixteen (16) years of age, the license shall not be issued except upon the consent in writing duly acknowledged and sworn to by the father, mother or guardian of any such person if there be either, and provided further, that no such license may be issued, if the male be under eighteen (18) years of age and the female under eighteen (18) years of age, unless each party to the contract submits to the county recorder his or her original birth certificate, or certified copy thereof or other proof of age acceptable to the county recorder.”

In the given instance, as you and your boyfriend are below 18 years, you may not be able to marry without obtaining the written consent of your father or mother.

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

While it's not legally required to have a relationship with your parents, having their support can be beneficial, especially in matters like marriage. In Idaho, if you're under eighteen, you need parental consent to marry. A positive relationship may help in obtaining that consent.