Legal Question in Family Law in Georgia

My son and his girlfriend just had a baby. She is 16 and he is 18. He is maintaining his own home and is able to take care of her and the baby. Can they get married without the legal consent of her parents?


Asked on 10/22/09, 5:34 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

IF THE FEMALE APPLICANT IS PREGNANT, OR THE APPLICANTS ARE THE PARENTS OF A CHILD BORN OUT OF WEDLOCK, NO PARENTAL CONSENT IS REQUIRED. (19-3-36 (b)) THE COURT WILL NOTIFY THE PARENTS OF SUCH APPLICANT 17 YEARS OF AGE OR YOUNGER, THAT THE LICENSE HAS BEEN ISSUED. (19-3-38) IF THE FEMALE APPLICANT IS PREGNANT AND SHE OR THE GROOM ARE UNDER THE AGE OF 18, THE APPLICANTS MUST SUBMIT A STATEMENT FROM A LICENSED GEORGIA PHYSICIAN THAT SHE IS PREGNANT, AND THE APPROXIMATE DUE DATE. IF THE APPLICANTS ARE THE PARENTS OF A CHILD BORN OUT OF WEDLOCK, AND ONE OR BOTH ARE UNDERAGE, THEY SHOULD PRESENT A CERTIFIED COPY OF THE BIRTH CERTIFICATE FOR THE CHILD AT THE TIME OF APPLICATION. THE CHILD�S BIRTH CERTIFICATE MUST SHOW BOTH PARENTS NAMES. (19-3-36 (b))

However, be aware that you son could face criminal prosecution for having sex with a minor.

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Answered on 10/27/09, 8:13 pm


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