THEA~TORNEYGENERAII~
OF TEXAS
AUSTIN. 'l-XCXAS 78711
January 17, 1974
The Honorable Fred P. Holub Opinion No. H- 2,16
County Attorney
Matagorda County Re: Circumstances under
Bay City, Texas 77414 which persons under 16
years of age may marry,
pear Mr. Holub: if at all
You have requested our opinion “as to whether or not under the new
Family Code a person under the age of sixteen (16) years can obtain a
marriage license from the County Clerk. ”
In our opinion the Family Code allows a person under ,16 years of
age to obtain a marriage License and to marry only if a district judge has
ordered a waiver of the age requirement (16 years of age) “for good cause
shown. ‘I Section 1. 51(c), infra.
The Legislature, 1973, amended provisions of the Family Code with
respect to marriage licenses (Acts 1973, 63rd Leg., ch. 577, p. 1596).
Amended 6 1.07 provides in part:
“(a) The county clerk may not issue a license to the
applicants if:
. . . .
“(3) either applicant is under 16 years of age
and the waiver of age requirements has not been
ordered under the provisions of Section 1.51(c) of
this code; . . . .”
Section 1. 51 refers to “Age Requirements. ” Subsection (a) provides:
“A person under 16 years of age may not marry. ” However, subsection (c)
provides:
‘p. 1008
The Honorable Fred P. Holub, page 2 (H-216)
“Upon petition in a district court in the name of
the person seeking the waiver, the court may order
the waiver of the age requirement prescribed in
Subsection (a) for good cause shown. ”
Section 2.41 provides that the marriage of persons under .16’ years
of age is voidable, “unless a waiver of the age,requirement has been ordered. ”
It is therefore plain that a district judge, upon petition and a showing
of good cause, and only then, may order the waiver of the 16 year age
requirement and that, with such an order, a person under the age of 16 years
of age may obtain a marriage license from the county clerk in the state of
Texas.
SUMMARY
Only upoq waiver of the age requirement by a
district court upon proper petitions and proof of good
cause. may a person under the age of 16 obtain a
marriage license in the state of Texas.
Yours very truly,
u Attorney General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1009