Underage Marriage in California: Both Parents Must Consent

California requires both parents' consent for anyone under 18 to marry—no exceptions for divorce, separation, or sole custody.

Legal Framework (Family Code §§ 302, 304)

• Age floor: 18. No minimum age if court + parents approve (but see below).
• Consent: Both living parents must sign consent form before county clerk.
• Divorced/separated: Both must consent. If one has sole legal custody, that parent's consent suffices—but the other parent must be notified and can object, triggering a court hearing.
• Deceased/absent parent: Surviving parent consents; death certificate or proof of abandonment required.
• Court order: Mandatory for all under-18 marriages. Judge interviews parties, assesses coercion, best interest.

2019 Reform (SB 273)

Eliminated the "no minimum age" loophole. Now: 18 is the absolute minimum—with one narrow exception: emancipated minors (court-declared) may marry at 17 with parental consent + court order. Previously, any age with approval.

Practical Steps

1. Both parents + minor appear at county clerk.
2. File consent forms, birth certificates, IDs.
3. Clerk schedules court hearing (Family Law).
4. Judge grants/denies.
5. If granted: license issued, 90-day validity.

No shortcuts. No one-parent workaround. California prioritizes minor protection over marital expediency.