Title 19, Chapter 3, Section 37
( 19-3-37)
(a) Definitions. As used in this Code section, the term: (1) "Guardian" shall be held to include the same relationships
between spouses as the relationships described in paragraph (2) of
this subsection between parents and means: (A) Any person at least five years older than the applicant
standing in loco parentis to the applicant for at least two
years; (B) Any person at least five years older than the applicant with
whom the applicant has lived for at least two years and who has
or would be allowed to claim the applicant as a dependent for
the purposes of a federal dependent income tax deduction; (C) Any relative by blood or marriage at least five years older
than the applicant and with whom the applicant has lived at
least two years, when the whereabouts of the applicant's parents
are unknown; or (D) A court appointed guardian. (2) "Parent" means: (A) Both parents if the parents are living together; (B) The parent who has legal custody if the parents are
divorced, separated, or widowed; or (C) Either parent if the parents are living together but one
parent is unavailable because of illness or infirmity or because
he is not within the boundaries of this state or because
physical presence is impossible. (b) When parental consent required; how obtained. Except when the female applicant is pregnant or when both applicants are the parents of a living child born out of wedlock, in cases where the parties applying for a license have not yet reached the age of majority, their ages to be proved to the judge of the probate court as provided in Code Section 19-3-36, the parents or guardians of each underage applicant must appear in person before the judge and consent to the proposed marriage, provided that if physical presence because of illness or infirmity is impossible, an affidavit by the incapacitated parent or guardian along with an affidavit signed by a licensed attending physician stating that the parent or guardian is physically incapable of being present shall suffice. The licensed attending physician shall include only those physicians licensed under Chapter 34 of Title 43 or under corresponding requirements pertaining to licensed attending physicians in sister states. (c) Alternative methods for obtaining parental consent. (1) When the parents or guardians of any underage applicants
requiring parental consent reside within the state but in a county
other than the county where the marriage license is to be issued,
it shall not be necessary for the parents or guardians to appear
in person before the judge of the probate court of the latter
county and consent to the proposed marriage, if the parents or
guardians appear in person and consent to the proposed marriage
before the judge of the county in which they reside. (2) Where the parents or guardians of any underage applicants
requiring parental consent reside outside the state, it shall not
be necessary for the parents or guardians to appear in person
before the judge of the probate court and consent to the proposed
marriage, if the parents or guardians appear in person before the
judicial authority of their county who is authorized to issue
marriage licenses and consent to the proposed marriage before the
judicial authority. If the parents or guardians are physically
incapable of being present because of illness or infirmity, the
illness or infirmity may be attested to by an attending physician
licensed in such state, as is provided for in subsection (a) of
this Code section. (3) Where the alternate provisions for parental consent are
utilized under paragraph (1) or (2) of this subsection, the
parents or guardians shall obtain a certificate from the judge of
the probate court or the proper judicial officer before whom they
have appeared with the seal and title of the official appearing
thereon, the certificate containing information to the effect that
the parents or guardians appeared before the judge or judicial
officer and consented to the proposed marriage. |