Sec. 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.
(i) A parent or person who has the legal authority to consent to marriage for an underage applicant who gives consent under this section shall provide:
(1) proof of the parent's or person's identity under Section 2.005(b); and
(2) proof that the parent or person has the legal authority to consent to marriage for the applicant under rules adopted under Subsection (j).
(j) The executive commissioner of the Health and Human Services Commission shall adopt rules detailing acceptable proof of the legal authority to consent to the marriage of an underage applicant. In adopting rules, the executive commissioner shall ensure that the rules:
(1) adequately protect against fraud; and
(2) do not create an undue burden on any class of person legally entitled to consent to the marriage of an underage applicant.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 4.09, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 978 (H.B. 3666), Sec. 5, eff. September 1, 2009.
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