Alaska Statutes
Alaska Stat. § 25.05.171 (2026)
Judicial permission to marry
✓ current as of July 2026
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Sec. 25.05.171. Judicial permission to marry.
(a) [Repealed, § 8 ch 67 SLA 2022.]
(b) A superior court judge may grant permission for a person who has reached the age of 16 but is under the age of 18 to marry and may order the licensing officer to issue the license if the judge finds, following a hearing at which the parents and minor are given the opportunity to appear and be heard, that the marriage is in the best interest of the minor, that the other party to the marriage is not more than three years older, and that either
(1) the parents have given their consent; or
(2) the parents are
(A) arbitrarily and capriciously withholding consent;
(B) absent or otherwise unaccountable;
(C) in disagreement among themselves on the question; or
(D) unfit to decide the matter.
(a) [Repealed, § 8 ch 67 SLA 2022.]
(b) A superior court judge may grant permission for a person who has reached the age of 16 but is under the age of 18 to marry and may order the licensing officer to issue the license if the judge finds, following a hearing at which the parents and minor are given the opportunity to appear and be heard, that the marriage is in the best interest of the minor, that the other party to the marriage is not more than three years older, and that either
(1) the parents have given their consent; or
(2) the parents are
(A) arbitrarily and capriciously withholding consent;
(B) absent or otherwise unaccountable;
(C) in disagreement among themselves on the question; or
(D) unfit to decide the matter.
Notes of Decisions
Cited in 6
cases, 1971–2014 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).
Thompson v. Oklahoma, 487 U.S. 815 (1988). “Code § 30-1-5 (1983) Alaska Alaska Stat. Ann. § 25.05.171 (1983) (judge may permit minor to marry without parental consent, even in the face of parental opposition, in certain circumstances) *844 Ariz.”
Hamby v. Parnell, 56 F. Supp. 3d 1056 (D. Alaska 2014). “The man and the woman must each be at least one of the following: • (1) 18 years of age or older and otherwise capable; (2) Qualified for a license under Alaska Stat. § 25.05.171 ; or (3) A member of the armed forces of the United States while on active duty.”
RLR v. State, 487 P.2d 27 (Alaska 1971). “020; AS 25.05.171. 44 . Note, Waiver in the Juvenile Court, 68 Colum.”
L. A. M. v. State, 547 P.2d 827 (Alaska 1976). “) ; minimum age of consent for marriage (AS 25.05.171) ; prohibition of the use of alcohol and tobacco by minors and of the sale of either substance to minors (AS 04.”
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “020 and AS 25.05.171(a). In most situations, a person may lawfully consent to sexual conduct once he or she has attained the age of 16 years.”
LAM v. State, 547 P.2d 827 (Alaska 1976). “); minimum age of consent for marriage (AS 25.05.171); prohibition of the use of alcohol and tobacco by minors and of the sale of either substance to minors (AS 04.”
— Alaska Stat. § 25.05.171(a) — 1 case
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “020 and AS 25.05.171(a). In most situations, a person may lawfully consent to sexual conduct once he or she has attained the age of 16 years.”
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