How to obtain parental consent to a marriage of underage applicants?

Full question:

My parents live in a N.Y., and I am gonna get married in Georgia. My parents are old and can’t travel to Georgia and mark their presence in the court. How to get parental consent recorded in the court in this case?

  • Category: Marriage
  • Date:
  • State: Georgia

Answer:

If your parents reside outside Georgia, then your parents can go to the probate court in the state where they reside (N.Y.) and give their consent to your marriage.
Please have a look at the relevant law -
O.C.G.A. § 19-3-37 states:
“Parental consent to marriage of underage applicants; when necessary; how obtained
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(b)  When parental consent required; how obtained. In cases where the parties applying for a license are 16 or 17 years of age, their ages to be proved to the judge of the probate court as provided in Code Section 19-3-36, the parents or guardians of each underage applicant shall appear in person before the judge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice. The licensed attending physician shall include only those physicians licensed under Chapter 34 of Title 43 or under corresponding requirements pertaining to licensed attending physicians in sister states.
(c)  Alternative methods for obtaining parental consent.
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   (2) Where the parents or guardians of any underage applicants requiring parental consent reside outside the state, it shall not be necessary for the parents or guardians to appear in person before the judge of the probate court and consent to the proposed marriage, if the parents or guardians appear in person before the judicial authority of their county who is authorized to issue marriage licenses and consent to the proposed marriage before the judicial authority. If the parents or guardians are physically incapable of being present because of illness or infirmity, the illness or infirmity may be attested to by an attending physician licensed in such state, as is provided for in subsection (a) of this Code section.
   (3) Where the alternate provisions for parental consent are utilized under paragraph (1) or (2) of this subsection, the parents or guardians shall obtain a certificate from the judge of the probate court or the proper judicial officer before whom they have appeared with the seal and title of the official appearing thereon, the certificate containing information to the effect that the parents or guardians appeared before the judge or judicial officer and consented to the proposed marriage.”
 

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

In New York, the legal age to get married is 18. However, individuals who are 17 years old can marry with parental consent. If you are under 17, you cannot legally marry in New York, even with parental consent. It's important to check local laws for any additional requirements or exceptions. *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.*