(a) (1) If an application for a marriage license is made where one (1) or both parties are under the minimum age prescribed in ยง 9-11-102 and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for a marriage license is being made.
(2) Evidence shall be submitted as to:
(A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas;
(B) The birth certificates of both parties; and
(C) Parental consent of each party who may be under the minimum age.
(3) Thereupon, after consideration of the evidence and other facts and circumstances, if the judge finds that it is to the best interest of the parties, the judge may enter an order authorizing and directing the county clerk to issue a marriage license to the parties.
(4) The county clerk shall retain a copy of the order on file in the clerk's office with the other papers.
(b) However, if the female has given birth to the child, the court before whom the parties are to appear, if satisfied that it would be to the best interests of all the interested parties and if all the requirements of subsection (a) of this section are complied with, with the exception of the physician's certificate as to the pregnancy, may enter an order authorizing and directing the county clerk to issue a marriage license as provided in subsection (a) of this section.
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