§ 9-11-102 - Minimum age -- Parental consent.
9-11-102. Minimum age -- Parental consent.
(a) Every male who has arrived at the full age of seventeen (17) years and every female who has arrived at the full age of sixteen (16) years shall be capable in law of contracting marriage.
(b) (1) However, males and females under the age of eighteen (18) years shall furnish the clerk, before the marriage license can be issued, satisfactory evidence of the consent of the parent or parents or guardian to the marriage.
(2) (A) The consent of both parents of each contracting party shall be necessary before the marriage license can be issued by the clerk unless the parents have been divorced and custody of the child has been awarded to one (1) of the parents exclusive of the other, or unless the custody of the child has been surrendered by one (1) of the parents through abandonment or desertion, in which cases the consent of the parent who has custody of the child shall be sufficient.
(B) The consent of the parent may be voided by the order of a circuit court on a showing by clear and convincing evidence that:
(i) The parent is not fit to make decisions concerning the child; and
(ii) The marriage is not in the child's best interest.
(c) There shall be a waiting period of five (5) business days for any marriage license issued under subdivision (b)(2) of this section.
(d) If a child has a pending case in the circuit court, a parent who files consent under subsection (b) of this section shall immediately notify the circuit court, all parties, and attorneys to the pending case.