North Carolina § 51-2 - Capacity to marry.

§ 51-2. Capacity to marry.

All unmarried persons of 18 years, or older, may lawfully marry, except as hereinafter forbidden. 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: By a parent having full or joint legal custody of the underage party; or By a person, agency, or institution having legal custody or serving as a guardian of the underage party. Persons over 14 years of age and under 16 years of age may marry as provided in G.S. 51-2.1. It shall be unlawful for any person under 14 years of age to marry. 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. 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. History (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.) Cross References. - As to declaration of certain marriages as void on application of either party, see G.S. 50-4. Editor's Note. - Session Laws 2001-62, s. 16, provides: "The Administrative Office of the Courts shall develop any and all forms necessary for carrying out the purpose of this act and distribute them to the Office of the Clerk of Superior Court in each county." Legal Periodicals. - For comment on the 1923 amendment, see 1 N.C.L. Rev. 295 (1923). As to annulment under the 1939 amendment, see 17 N.C.L. Rev. 353 (1939). For comment on the 1947 amendment, see 25 N.C.L. Rev. 414 (1947). For article on a model act to prevent the sexual exploitation of children, see 17 Wake Forest L. Rev. 535 (1981).