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Old 05-09-2013, 06:39 PM
 
5,150 posts, read 7,774,805 times
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It's still 14 and up depending on if she's pregnant or not and what other consent is needed depending on age.


Chapter 51



§ 51‑2. Capacity to marry.
(a) All unmarried persons of 18 years, or older, may lawfully marry, except as hereinafter forbidden.
(a1) Persons over 16 years of age and under 18 years of age may marry, and the register of deeds may issue a license for the marriage, only after there shall have been filed with the register of deeds a written consent to the marriage, said consent having been signed by the appropriate person as follows:
(1) By a parent having full or joint legal custody of the underage party; or
(2) By a person, agency, or institution having legal custody or serving as a guardian of the underage party.
Such written consent shall not be required for an emancipated minor if a certificate of emancipation issued pursuant to Article 35 of Chapter 7B of the General Statutes or a certified copy of a final decree or certificate of emancipation from this or any other jurisdiction is filed with the register of deeds.
(b) Persons over 14 years of age and under 16 years of age may marry as provided in G.S. 51‑2.1.
(b1) It shall be unlawful for any person under 14 years of age to marry.
(c) When a license to marry is procured by any person under 18 years of age by fraud or misrepresentation, a parent of the underage party, a person, agency, or institution having legal custody or serving as a guardian of the underage party, or a guardian ad litem appointed to represent the underage party pursuant to G.S. 51‑2.1(b) is a proper party to bring an action to annul the marriage. (R.C., c. 68, s. 14; 1871‑2, c. 193; Code, s. 1809; Rev., s. 2082; C.S., s. 2494; 1923, c. 75; 1933, c. 269, s. 1; 1939, c. 375; 1947, c. 383, s. 2; 1961, c. 186; 1967, c. 957, s. 1; 1969, c. 982; 1985, c. 608; 1998‑202, s. 13(s); 2001‑62, s. 2; 2001‑487, s. 60.)

§ 51‑2.1. Marriage of certain underage parties.
(a) If an unmarried female who is more than 14 years of age, but less than 16 years of age, is pregnant or has given birth to a child and the unmarried female and the putative father of the child, either born or unborn, agree to marry, or if an unmarried male who is more than 14 years of age, but less than 16 years of age, is the putative father of a child, either born or unborn, and the unmarried male and the mother of the child agree to marry, the register of deeds is authorized to issue to the parties a license to marry; and it shall be lawful for them to marry in accordance with the provisions of this Chapter, only after a certified copy of an order issued by a district court authorizing the marriage is filed with the register of deeds. A district court judge may issue an order authorizing a marriage under this section only upon finding as fact and concluding as a matter of law that the underage party is capable of assuming the responsibilities of marriage and the marriage will serve the best interest of the underage party. In determining whether the marriage will serve the best interest of an underage party, the district court shall consider the following:
(1) The opinion of the parents of the underage party as to whether the marriage serves the best interest of the underage party.
(2) The opinion of any person, agency, or institution having legal custody or serving as a guardian of the underage party as to whether the marriage serves the best interest of the underage party.
(3) The opinion of the guardian ad litem appointed to represent the best interest of the underage party pursuant to G.S. 51‑2.1(b) as to whether the marriage serves the best interest of the underage party.
(4) The relationship between the underage party and the parents of the underage party, as well as the relationship between the underage party and any person having legal custody or serving as a guardian of the underage party.
(5) Any evidence that it would find useful in making its determination.
There 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.
(b) An underage party seeking an order granting judicial authorization to marry pursuant to this section shall file a civil action in the district court requesting judicial authorization to marry. The clerk shall collect court costs from the underage party in the amount set forth in G.S. 7A‑305 for civil actions in district court. Upon the filing of the complaint, summons shall be issued in accordance with G.S. 1A‑1, Rule 4, and the underage party shall be appointed a guardian ad litem in accordance with the provisions of G.S. 1A‑1, Rule 17. The guardian ad litem appointed shall be an attorney and shall be governed by the provisions of subsection (d) of this section. The underage party shall serve a copy of the summons and complaint, in accordance with G.S. 1A‑1, Rule 4, on the father of the underage party; the mother of the underage party; and any person, agency, or institution having legal custody or serving as a guardian of the underage party. The underage party also shall serve a copy of the complaint, either in accordance with G.S. 1A‑1, Rule 4, or G.S. 1A‑1, Rule 5, on the guardian ad litem appointed pursuant to this section. A party responding to the underage party's complaint shall serve his response within 30 days after service of the summons and complaint upon that person. The underage party may participate in the proceedings before the court on his or her own behalf. At the hearing conducted pursuant to this section, the court shall consider evidence, as provided in subsection (a) of this section, and shall make written findings of fact and conclusions of law.
(c) Any party to a proceeding under this section may be represented by counsel, but no party is entitled to appointed counsel, except as provided in this section.
(d) The guardian ad litem appointed pursuant to subsection (b) of this section shall represent the best interest of the underage party in all proceedings under this section and also has standing to institute an action under G.S. 51‑2(c). The appointment shall terminate when the last judicial ruling rendering the authorization granted or denied is entered. Payment of the guardian ad litem shall be governed by G.S. 7A‑451(f). The guardian ad litem shall make an investigation to determine the facts, the needs of the underage party, the available resources within the family and community to meet those needs, the impact of the marriage on the underage party, and the ability of the underage party to assume the responsibilities of marriage; facilitate, when appropriate, the settlement of disputed issues; offer evidence and examine witnesses at the hearing; and protect and promote the best interest of the underage party. In fulfilling the guardian ad litem's duties, the guardian ad litem shall assess and consider the emotional development, maturity, intellect, and understanding of the underage party. The guardian ad litem has the authority to obtain any information or reports, whether or not confidential, that the guardian ad litem deems relevant to the case. No privilege other than attorney‑client privilege may be invoked to prevent the guardian ad litem and the court from obtaining such information. The confidentiality of the information or reports shall be respected by the guardian ad litem, and no disclosure of any information or reports shall be made to anyone except by order of the court or unless otherwise provided by law.
(e) If the last judicial ruling in this proceeding denies the underage party judicial authorization to marry, the underage party shall not seek the authorization of any court again under this section until after one year from the date of the entry of the last judicial ruling rendering the authorization denied.
(f) Except as otherwise provided in this section, the rules of evidence in civil cases shall apply to proceedings under this section. All hearings pursuant to this section shall be recorded by stenographic notes or by electronic or mechanical means. Notwithstanding any other provision of law, no appeal of right lies from an order or judgment entered pursuant to this section. (2001‑62, s. 3.)
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Old 05-09-2013, 07:32 PM
 
Location: Southeastern Cumberland County
983 posts, read 3,992,549 times
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Quote:
Originally Posted by sexy1234 View Post
i want to get married and im 16 years of age and im trying to get emancipated
Wait. You're too young to get married. Finish school, go to college and get a career before worrying about tried to be grown up at such a young age. Running away from whatever problems you're trying to avoid is not the answer.
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Old 05-10-2013, 05:12 AM
 
Location: The 12th State
22,974 posts, read 65,581,408 times
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Quote:
Originally Posted by LRoyal10900 View Post
Wait. You're too young to get married. Finish school, go to college and get a career before worrying about tried to be grown up at such a young age. Running away from whatever problems you're trying to avoid is not the answer.
She might be young in your eyes, but at age 16 in North Carolina she legally can and no parental consent is needed.
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Old 05-11-2013, 07:56 PM
 
Location: Southeastern Cumberland County
983 posts, read 3,992,549 times
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Quote:
Originally Posted by SunnyKayak View Post
She might be young in your eyes, but at age 16 in North Carolina she legally can and no parental consent is needed.
Legal or not, doesn't mean one is old enough. Especially a 16 year old--hasn't even graduated HS. No way to make a decent living. And getting married so early increases the odds of the marriage failing. There's enough to be an adult...enjoy your youth while you can.
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Old 05-11-2013, 08:02 PM
 
Location: The 12th State
22,974 posts, read 65,581,408 times
Reputation: 15081
That is her future to decide not ours since it a legal choice she can make to marry what she perceives man of her dreams.
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Old 05-11-2013, 09:10 PM
 
3,183 posts, read 7,214,265 times
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Quote:
Originally Posted by SunnyKayak View Post
She might be young in your eyes, but at age 16 in North Carolina she legally can and no parental consent is needed.
If she did that would the parents then be free of any financial obligation to her? She would have to leave the home would she not? The laws are funny
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Old 05-11-2013, 09:13 PM
 
5,150 posts, read 7,774,805 times
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Quote:
Originally Posted by SunnyKayak View Post
She might be young in your eyes, but at age 16 in North Carolina she legally can and no parental consent is needed.
Well technically that may be true but some consent is required as stated in my above reply.
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Old 05-11-2013, 09:20 PM
 
5,150 posts, read 7,774,805 times
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Quote:
Originally Posted by crestliner View Post
If she did that would the parents then be free of any financial obligation to her? She would have to leave the home would she not? The laws are funny
Yes and no. Yes, the parents would be free of the financial obligation because marriage conveys automatic emancipation under state law. Is there a law that says she has to move out? I am aware of no laws that the state forces people to move out when married. That is up to the parties and since the minor becomes emancipated, she has the right to enter in to a contract with any adult.
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Old 01-28-2015, 01:15 PM
 
1 posts, read 517 times
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My girlfriend is 16 and pregnant with my child. Can we get married without her parents consent?
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Old 01-29-2015, 06:41 AM
PDD
 
Location: The Sand Hills of NC
8,773 posts, read 18,418,131 times
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Quote:
Originally Posted by nickandemily View Post
My girlfriend is 16 and pregnant with my child. Can we get married without her parents consent?
Just because you are old enough to **** does not mean you are old enough to be a parent or even get married. There are other options that in the long run will be better for everyone concerned.

Don't turn one small error in judgement into a lifetime mistake.
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