Kentucky Revised Statutes

Ky. Rev. Stat. § 402.210 (2026)

Requirements for issuance of license

✓ current as of May 2026

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(1) Both parties to a marriage shall: (a) Be present for a marriage license to be issued; and (b) Present to the county clerk documentary proof of age in the form of: 1. A copy of a birth record; 2. A certification of birth issued by the state department of health, a local registrar of vital statistics, or other public office charged with similar duties by the laws of another state, territory, or country; 3. A baptismal record showing the individual's date of birth; 4. A passport; 5. An automobile driver's license; 6. Any government or school issued identification card showing the individual's date of birth; 7. An immigration record showing the individual's date of birth; 8. A naturalization record showing the individual's date of birth; or 9. A court record or any other document or record issued by a government entity showing the individual's date of birth. (2) If either of the parties is under seventeen (17) years of age, no license shall be issued. (3) If either of the parties is seventeen (17) years of age, a marriage license shall not be issued unless: (a) The party who is seventeen (17) years of age presents to the clerk a certified copy of a court order by a family court or District Court judge that grants the party permission to marry and removes the party's disability of minority, as provided in KRS 402.205; and (b) At least fifteen (15) days have elapsed since the court order was granted. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 4, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 122, sec. 3, effective March 26, 1998 and ch. 258, sec. 6, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 212, sec. 3, effective July 15, 1988. -- Amended 1974 Ky. Acts ch. 386, sec. 93. -- Amended 1968 Ky. Acts ch. 100, sec. 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2106.

Notes of Decisions

Cited in 6 cases, 1955–2019 · leading case: Thompson v. Oklahoma, 487 U.S. 815 (1988).

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Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Ky. Rev. Stat. § 402.210 (1984) La. La. Civ.”

Bd. of Educ. of Harrodsburg v. Bentley, 383 S.W.2d 677 (Ky. Ct. App. 1964). · cites it 2× “The marriage must have been approved by appellee’s parents, pursuant to the provisions of KRS 402.210, although the record is silent as to that.”

James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “§ 23 - 2505 (2018); Ky. Rev. Stat. Ann. § 402.210 (2018); La.”

Commonwealth v. Hallahan, 391 S.W.2d 378 (Ky. Ct. App. 1965). · cites it 3× “KRS 402.210 provides that if “either of the parties is under twenty-one years of age and not before married, no license shall issue without the consent of his or her father or guardian,” etc.”

Whitaker v. Commonwealth, 367 S.W.2d 831 (Ky. Ct. App. 1963). “The court said: “The authority of a party to testify and the county clerk to administer an oath with referenece to such a paper as here involved is found in section 2106 of the Statutes, (KRS 402.210), which provides for issuance of marriage licenses by the clerk to persons…”

Combs v. Commonwealth, 283 S.W.2d 714 (Ky. Ct. App. 1955). · cites it 3× “Both before and during the trial he offered to marry the prosecutrix, but his father refused to give his consent to the marriage as required by KRS 402.210. Appellant insists that his offer and willingness should constitute a defense under KRS 436.”

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