Rule 49.3 - Marriage of Minors(a) For the purpose of marriage, the court shall retain jurisdiction over all minors, unless the minor has been previously emancipated.(b) When a minor under the age of sixteen wishes to marry, the clerk of court may issue a marriage license only if the following documents are produced:(1) Written waiver of minority signed by a juvenile court judge of the parish where the minor resides or where the marriage is to be performed;(2) Written consent to the marriage by both of the minor's parents, tutors, or legal custodian. Exceptions to the requirement that both parents' consent to the minor's marriage exist when one parent is deceased, when the parents are divorced and one parent has sole custody, when only one parent is indicated on the birth certificate, or when the juvenile court exercising jurisdiction over the proceeding signs a written waiver of parental consent;(3) A certified copy of the minor's birth certificate, unless waived by the court exercising jurisdiction over the proceeding; and(4) Proof that at least one (1) of the parties resides in that parish or the marriage is to be performed in that parish.(c) Both of the minor's parents shall consent to the marriage of the minor if the parents are presently married, or if the parents are divorced or judicially separated and no order of custody for the minor has been produced.(d) If a situation exists whereby consent of both parents is needed, but the whereabouts of one parent is unknown, the court may, on a case by case basis, waive the absent parent's consent.(e) For good reason shown, and if it is in the best interest of the minor, the court may waive the seventy-two hour waiting period required between the issuance of the marriage license and the performance of the marriage ceremony.(f) Notwithstanding any provision of law to the contrary, the court may grant a minor permission to marry should the court find that there are compelling reasons for the marriage and that it is in the best interest of the minor.Adopted April 29, 2008, effective 7/1/2008; amended November 20, 2009, effective 1/1/2010; amended November 21, 2011, effective 1/1/2012.Comment
Authority for judicial authorization of the marriage of minors is found in Chapter 6 of Title XV of the Children's Code and in La. R.S. 9:221, et seq.