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gentrytr

Marriage at 14 and 16

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If I'm 14 and pregnant, could we get married without parental consent and just a court order or would we need both?

 

The rules applicable to a 14yo are different than those for a 16yo.  A 16yo needs parental consent or needs to be emancipated (not both).  See N.C. Gen. Stats. § 51-2(a1).

 

A 14yo girl may marry only if she "is pregnant or has given birth to a child" and obtains a court order."  "A district court judge may issue an order authorizing [such] a marriage . . . only upon . . . concluding . . . that the underage party is capable of assuming the responsibilities of marriage and the marriage will serve the best interest of the underage party."  While the law does not require that the parents consent, "[t]here shall be a rebuttable presumption that the marriage will not serve the best interest of the underage party when all living parents of the underage party oppose the marriage.  The fact that the female is pregnant, or has given birth to a child, alone does not establish that the best interest of the underage party will be served by the marriage."  See N.C. Gen. Stats. § 51-2.1.

 

Both of the statutes cited above can be read here:  http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bychapter/chapter_51.pdf.

 

While I can't say with certainty, I think the chances a court would enter both an order emancipating the 16yo and an order allowing the 14yo to marry are pretty well non-existent.

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