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04-22-2008, 05:25 PM
http://www.sll.state.tx.us/research/texaslaw.html
FAMILY CODE
CHAPTER 2. THE MARRIAGE RELATIONSHIP
SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE
§ 2.003. APPLICATION FOR LICENSE BY MINOR.
In addition to the other requirements provided by this chapter, a person under
18 years of age applying for a license must provide to the county
clerk:
(1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage ;
(2) documents establishing that a prior marriage of the person has been dissolved; or
(3) a court order granted under Section 2.103 authorizing the marriage of the person.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER B. UNDERAGE APPLICANTS
§ 2.101. GENERAL AGE REQUIREMENT.
Except as otherwise provided by this subchapter or on a showing that a prior marriage has been dissolved, a county clerk may not issue a marriage license if either applicant is under 18 years of age.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT.
(a) If an applicant is 16 years of age or older but under 18 years
of age, the county clerk shall issue the license if parental consent is given as provided by this section.
(b) Parental consent must be evidenced by a written declaration on a form supplied by the county clerk in which the person consents to the marriage and swears that the person is a parent (if there is no person who has the court-ordered right to consent to marriage for the applicant) or a person who has the court-ordered right to consent to marriage for the applicant (whether an individual, authorized agency, or court).
(c) Except as otherwise provided by this section, consent must be acknowledged before a county clerk.
(d) If the person giving parental consent resides in another state, the consent may be acknowledged before an officer authorized to issue marriage licenses in that state.
(e) If the person giving parental consent is unable because of illness or incapacity to comply with the provisions of Subsection (c) or (d), the consent may be acknowledged before any officer authorized to take acknowledgments. A consent under this
subsection must be accompanied by a physician's affidavit stating that the person giving parental consent is unable to comply because of illness or incapacity.
(f) Parental consent must be given at the time the application for the marriage license is made or not earlier than the 30th day preceding the date the application is made.
(g) A person commits an offense if the person knowingly provides parental consent for an underage applicant under this section and the person is not a parent or a person who has the court-ordered right to consent to marriage for the applicant. An offense under this subsection is a Class A misdemeanor.
(h) A parent or a person who has the court-ordered right to consent to marriage for the applicant commits an offense if the parent or other person knowingly provides parental consent under this section for an applicant who is younger than 16 years of age or who is presently married to a person other than the person the applicant desires to marry. An offense under this subsection is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268, § 4.09, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 52, § 1, eff. September 1, 2007.
§ 2.103. COURT ORDER FOR UNDERAGE APPLICANT.
(a) A minor may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.
(b) The petition must be filed in the county where a parent resides if a court has not awarded another person the right to consent to marriage for the minor. If a court has awarded another person the right to consent to marriage for the minor, the petition must be filed in the county where that person resides. If no parent or person who has the court-ordered right to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.
(c) The petition must include:
(1) a statement of the reasons the minor desires to marry;
(2) a statement of whether each parent is living or is dead;
(3) the name and residence address of each living parent; and
(4) a statement of whether a court has awarded to a person other than a parent of the minor the right to consent to marriage for the minor.
(d) Process shall be served as in other civil cases on each living parent of the minor or on a person who has the court-ordered right to consent to marriage for the minor, as applicable. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.
(e) The court shall appoint an amicus attorney or an attorney ad litem to represent the minor in the proceeding. The court shall specify a fee to be paid by the minor for the services of the amicus attorney or attorney ad litem. The fee shall be
collected in the same manner as other costs of the proceeding.
(f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 172, § 12, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 52, § 2, eff. September 1, 2007.
FAMILY CODE
CHAPTER 2. THE MARRIAGE RELATIONSHIP
SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE
§ 2.003. APPLICATION FOR LICENSE BY MINOR.
In addition to the other requirements provided by this chapter, a person under
18 years of age applying for a license must provide to the county
clerk:
(1) documents establishing, as provided by Section 2.102, parental consent for the person to the marriage ;
(2) documents establishing that a prior marriage of the person has been dissolved; or
(3) a court order granted under Section 2.103 authorizing the marriage of the person.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
SUBCHAPTER B. UNDERAGE APPLICANTS
§ 2.101. GENERAL AGE REQUIREMENT.
Except as otherwise provided by this subchapter or on a showing that a prior marriage has been dissolved, a county clerk may not issue a marriage license if either applicant is under 18 years of age.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
§ 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT.
(a) If an applicant is 16 years of age or older but under 18 years
of age, the county clerk shall issue the license if parental consent is given as provided by this section.
(b) Parental consent must be evidenced by a written declaration on a form supplied by the county clerk in which the person consents to the marriage and swears that the person is a parent (if there is no person who has the court-ordered right to consent to marriage for the applicant) or a person who has the court-ordered right to consent to marriage for the applicant (whether an individual, authorized agency, or court).
(c) Except as otherwise provided by this section, consent must be acknowledged before a county clerk.
(d) If the person giving parental consent resides in another state, the consent may be acknowledged before an officer authorized to issue marriage licenses in that state.
(e) If the person giving parental consent is unable because of illness or incapacity to comply with the provisions of Subsection (c) or (d), the consent may be acknowledged before any officer authorized to take acknowledgments. A consent under this
subsection must be accompanied by a physician's affidavit stating that the person giving parental consent is unable to comply because of illness or incapacity.
(f) Parental consent must be given at the time the application for the marriage license is made or not earlier than the 30th day preceding the date the application is made.
(g) A person commits an offense if the person knowingly provides parental consent for an underage applicant under this section and the person is not a parent or a person who has the court-ordered right to consent to marriage for the applicant. An offense under this subsection is a Class A misdemeanor.
(h) A parent or a person who has the court-ordered right to consent to marriage for the applicant commits an offense if the parent or other person knowingly provides parental consent under this section for an applicant who is younger than 16 years of age or who is presently married to a person other than the person the applicant desires to marry. An offense under this subsection is a felony of the third degree.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268, § 4.09, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 52, § 1, eff. September 1, 2007.
§ 2.103. COURT ORDER FOR UNDERAGE APPLICANT.
(a) A minor may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.
(b) The petition must be filed in the county where a parent resides if a court has not awarded another person the right to consent to marriage for the minor. If a court has awarded another person the right to consent to marriage for the minor, the petition must be filed in the county where that person resides. If no parent or person who has the court-ordered right to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.
(c) The petition must include:
(1) a statement of the reasons the minor desires to marry;
(2) a statement of whether each parent is living or is dead;
(3) the name and residence address of each living parent; and
(4) a statement of whether a court has awarded to a person other than a parent of the minor the right to consent to marriage for the minor.
(d) Process shall be served as in other civil cases on each living parent of the minor or on a person who has the court-ordered right to consent to marriage for the minor, as applicable. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.
(e) The court shall appoint an amicus attorney or an attorney ad litem to represent the minor in the proceeding. The court shall specify a fee to be paid by the minor for the services of the amicus attorney or attorney ad litem. The fee shall be
collected in the same manner as other costs of the proceeding.
(f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 172, § 12, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 52, § 2, eff. September 1, 2007.