Arkansas Code Annotated

Ark. Code Ann. § 9-11-102 (2026)

Minimum age — Parental consent — Definition

✓ current as of May 2026

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Every male who has arrived at the full age of seventeen (17) years and every female who has arrived at the full age of seventeen (17) years shall be capable in law of contracting marriage.
1. 1. However, males and females under the age of eighteen (18) years shall furnish the clerk, before the marriage license can be issued, satisfactory evidence of the consent of the parent or parents or guardian to the marriage.
  2. As used in subdivision (b)(1)(A) of this section, “satisfactory evidence” means a verified affidavit signed in the presence of a notary that states that the parent or parents or guardian of the minor consents to the marriage.
2. 1. The consent of both parents of each contracting party shall be necessary before the marriage license can be issued by the clerk unless the parents have been divorced and custody of the child has been awarded to one (1) of the parents exclusive of the other, or unless the custody of the child has been surrendered by one (1) of the parents through abandonment or desertion, in which cases the consent of the parent who has custody of the child shall be sufficient.
  2. The consent of the parent may be voided by the order of a circuit court on a showing by clear and convincing evidence that:
    1. The parent is not fit to make decisions concerning the child; and
    2. The marriage is not in the child's best interest.
There shall be a waiting period of five (5) business days for any marriage license issued under subdivision (b)(2) of this section.
If a child has a pending case in the circuit court, a parent who files consent under subsection (b) of this section shall immediately notify the circuit court, all parties, and attorneys to the pending case.

History. Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 1; 2008 (1st Ex. Sess.), No. 3, § 1; 2009, No. 956, § 4; 2019, No. 849, § 1.

Amendments. The 2007 amendment rewrote (a) and (b) and added (c).

The 2008 (1st Ex. Sess.) amendment rewrote the section.

The 2009 amendment inserted (b)(2)(B), redesignated the existing text of (b)(2) accordingly, and made a related change; and added (c) and (d).

The 2019 amendment substituted the second occurrence of “seventeen (17) years” for “sixteen (16) years” in (a); redesignated (b)(1) as (b)(1)(A); and added (b)(1)(B).

Case Notes

Out-of-State Marriage.

This section, silent as to marriages of underage persons outside the state, has no effect upon such marriages, even of domiciled inhabitants, entered into out of the state. State v. Graves, 228 Ark. 378, 307 S.W.2d 545 (1957).

Parental Consent.

The Arkansas Code Revision Commission exceeded its authority when it altered the language of subsection (b) of this section to limit the right of a parent to consent to the marriage of a minor child. Porter v. Ark. Dep't of Health & Human Servs., 374 Ark. 177, 286 S.W.3d 686 (2008).

Cited: Barnett v. State, 35 Ark. 501 (1880).

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1988–2022 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).

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Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “2004) Arkansas 18 Ark. Code Ann. §§ 9-11-102 , 9-11-208 (Lexis 2002) California 18 Cal.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Ark. Code Ann. § 9-11-102 (1987) Cal. Cal.”

Porter v. Arkansas Dep't of Health & Human Servs., 286 S.W.3d 686 (Ark. 2008). · cites it 2× “Because of this, the ACRC removed the word “not” in Arkansas Code Annotated § 9-11-102(b) (1) and (2) immediately preceding the word “pregnant.”

Powell v. Lane, 275 S.W.3d 666 (Ark. Ct. App. 2008). · cites it 8× “See Ark.Code Ann. § 9-11-102 (Repl.2002 & Supp.”

Carver v. Hornish, 518 P.3d 1175 (Idaho 2022). “See Ark. Code § 9-11-102. New Mexico law provides that the consent of both parents is required, unless one parent consents and a district court has determined that good cause for issuing a license has been shown.”

James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “§ 25-102 (2018); Ark. Code Ann. § 9-11-102 (2018); Cal. Fam.”

Gray v. Gladney Ctr., 87 S.W.3d 797 (Ark. Ct. App. 2002). · cites it 2× “2000); Ark. Code Ann. §§ 9-11-102 , -103 (Repl. 2002).”

— Ark. Code Ann. § 9-11-102(b) — 1 case

Porter v. Arkansas Dep't of Health & Human Servs., 286 S.W.3d 686 (Ark. 2008). “Because of this, the ACRC removed the word “not” in Arkansas Code Annotated § 9-11-102(b) (1) and (2) immediately preceding the word “pregnant.”

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