Cal. Codes » Family Code / DIVISION 3. MARRIAGE / PART 1. VALIDITY OF MARRIAGE
California Codes

Cal. Family Code § 302 (2026)

Validity Of Marriage

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(a)An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry, in accordance with the requirements described in Section 304.

(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1995–2021 · leading case: Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007).
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Quintero-Salazar v. Keisler, 506 F.3d 688 (9th Cir. 2007). · cites it 2× “5(d) as involving intercourse "with a person who is not the spouse of the perpetrator, if the person is a minor"); Cal. Fam.Code § 302 (permitting a minor to marry with written consent of a parent and a court order).”
Am. Academy of Pediatrics v. Lungren, 940 P.2d 797 (Cal. 1997). “Thus, before the age of 18, a minor is not “capable of consenting to and consummating marriage” without parental consent and a court order (Fam. Code, § 302); nor can an unmarried minor legally consent to sexual intercourse (Pen.”
Kirkpatrick v. Eighth Jud. Dist. Court ex rel. Cnty. of Clark, 64 P.3d 1056 (Nev. 2003). · cites it 2× “, Cal. Family Code § 302 (West 1994); see also 1 Kramer, supra note 3 , § 14.”
Guardianship of Melissa W., 96 Cal. App. 4th 1293 (Cal. Ct. App. 2002). “(Fam. Code, § 302.) 4 Code of Civil Procedure section 917.”
Donaldson v. Dep't of Real Est., 134 Cal. App. 4th 948 (Cal. Ct. App. 2005). “) This provision might be thought incompatible with a notion that minors are categorically incapable of consenting to sexual relations. 18 Apparently implying that the omission of any reference to minors was justified by drafting necessity, the Department asserts that “[t]he…”
Core v. State, 947 N.E.2d 250 (Ohio Ct. App. 10th Dist. 2010). “See Cal.Fam.Code Section 302. Further, as noted in Miller, under Ohio law a minor is required to obtain the consent of a parent.”
Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002). “2001) (parent having custody); Cal. Fam. Code § 302 (West 1994); Colo.Rev.”
Kirkpatrick v. Eighth Jud. Dist. Court of the State of Nevada, 43 P.3d 998 (Nev. 2002). “2001) (parent having custody); Cal. Fam. Code § 302 (West 1994); Colo. Rev.”
State v. Lingenfelter, 485 P.3d 1208 (Kan. Ct. App. 2021). “See Cal. Fam. Code §§ 302 , 304 (West 2020) (no specified minimum age).”
Quintero-Salazar v. Keisler, No. 04-73128 (9th Cir. Oct. 9, 2007). “5(d) as involving intercourse “with a person who is not the spouse of the perpe- trator, if the person is a minor”); Cal. Fam. Code § 302 (per- mitting a minor to marry with written consent of a parent and a court order).”
In re Guardianship of Melissa W., 95 Cal. App. 4th 1433 (Cal. Ct. App. 2002). “(Fam.Code, § 302.) [4] The new events were (1) Melissa claimed to be miserable at her father's house; and (2) an upcoming hearing was to be held in the trial court.”
George Thomas Smith, Jr. v. Commonwealth, No. 1902931 (Va. Ct. App. Aug. 1, 1995). “The evidence did not prove that the child had always lived in Virginia. At age twelve, she was not so young as to exclude as irrational the idea of marriage.”
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