Oklahoma Statutes

Okla. Stat. tit. 43, § 3 (2026)

Who may marry

✓ current as of July 2026

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A. Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex. B. 1. Except as otherwise provided by this subsection, no person under the age of eighteen (18) years shall enter into the marriage relation, nor shall any license issue therefor, except: a. upon the consent and authority expressly given by the parent or guardian of such underage applicant in the presence of the authority issuing such license, b. upon the written consent of the parent or guardian of such underage applicant executed and acknowledged in person before a judge of the district court or the court clerk of any county within the State of Oklahoma, c. if the parent or guardian resides outside of the State of Oklahoma, upon the written consent of the parent or guardian executed before a judge or clerk of a court of record. The executed foreign consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdictions, d. if the certificate of a duly licensed medical doctor or osteopath, acknowledged in the manner provided by law for the acknowledgment of deeds, and stating that such parent or guardian is unable by reason of health or incapacity to be present in person, is presented to such licensing authority, upon the written consent of the parent or guardian, acknowledged in the same manner as the accompanying medical certificate, e. if the parent or guardian is on active duty with the Armed Forces of the United States, upon the written permission of the parent or guardian, acknowledged in the manner provided by law for acknowledgment of deeds by military personnel authorized to administer oaths. Such permission shall be presented to the licensing authority, accompanied by a certificate executed by a commissioned officer in command of the applicant, to the effect that the parent or guardian is on active duty in the Armed Forces of the United States, or f. upon affidavit of three (3) reputable persons stating that both parents of the minor are deceased, or

mentally incompetent, or their whereabouts are unknown to the minor, and that no guardian has theretofore been appointed for the minor. The judge of the district court issuing the license may in his or her discretion consent to the marriage in the same manner as in all cases in which consent may be given by a parent or guardian. 2. Every person under the age of sixteen (16) years is expressly forbidden and prohibited from entering into the marriage relation except when authorized by the court: a. in settlement of a suit for seduction or paternity, or b. if the unmarried female is pregnant, or has given birth to an illegitimate child and at least one parent of each minor, or the guardian or custodian of such child, is present before the court and has an opportunity to present evidence in the event such parent, guardian, or custodian objects to the issuance of a marriage license. If they are not present the parent, guardian, or custodian may be given notice of the hearing at the discretion of the court. 3. A parent or a guardian of any child under the age of eighteen (18) years who is in the custody of the Department of Human Services or the Department of Juvenile Justice shall not be eligible to consent to the marriage of such minor child as required by the provisions of this subsection. 4. Any certificate or written permission required by this subsection shall be retained by the official issuing the marriage license. C. No marriage may be authorized when such marriage would be incestuous under this chapter. R.L. 1910, § 3885. Amended by Laws 1947, p. 301, § 1; Laws 1959, p. 183, § 1; Laws 1959, p. 184, § 1; Laws 1963, c. 91, § 1; Laws 1965, c. 383, § 1; Laws 1970, c. 131, § 1, emerg. eff. April 7, 1970; Laws 1975, c. 39, § 1, eff. Oct. 1, 1975; Laws 1989, c. 64, § 1, eff. Nov. 1, 1989; Laws 2004, c. 422, § 4, eff. July 1, 2004.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1965–2024 · leading case: Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014).

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Bishop v. Smith, 760 F.3d 1070 (10th Cir. 2014). · cites it 20× “Under Okla. Stat. tit. 43, § 3 (a), which was not properly put at issue below, “[a]ny unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.”

Bishop v. United States ex rel. Holder, 962 F. Supp. 2d 1252 (N.D. Okla. 2014). · cites it 4× “2, § 35(A); see also Okla. Stat. tit. 43, § 3 (A) (indicating that marital contract must be entered “with a person of the opposite sex”); (4) both parties must be eighteen years of age, see Okla.”

Guzman v. Guzman, 2021 OK 26 (Okla. 2021). · cites it 3× “"); see also 43 O.S. § 3(A) (including among requirements for valid marriage that it take place between "person[s] of the opposite sex"); id.”

Arganbright v. State, 2014 OK CR 5 (Okla. Crim. App. 2014). “43 O.S.2011, § 3. The Legislature has explicitly defined a "minor" as any person under the age of eighteen (18) years.”

Bishop v. Oklahoma Ex Rel. Edmondson, 447 F. Supp. 2d 1239 (N.D. Okla. 2006). “Prior to the Oklahoma Amendment, an Oklahoma statute already defined marriage as limited to persons of the "opposite sex,” see Okla. Stat. tit. 43, § 3 (1975) (superseded effective July 1, 2004), and had been interpreted by the Oklahoma Attorney General to limit marriages to…”

Sharpe v. State Ex Rel. Oklahoma Bar Ass'n, 448 P.2d 301 (Okla. Ct. Jud. 1968). “1965 § 5, and the age requirements of 43 O.S.Supp.1965 § 3. Sharpe contended that he was accepting gratuities for extra services rather than charging fees.”

James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “01 (2018); Okla. Stat. tit. 43 § 3 (2018); 23 Pa. Cons.”

Jones v. Shaw, 441 P.2d 990 (Okla. 1965). · cites it 2× “, and without the written consent of the parents of Marquez as required by 43 O.S.1961, § 3. Before applying to the County Judge for the order, Marquez sought the written permission of his parents, who refused to give it.”

Galbraith v. Galbraith, 2024 OK 43 (Okla. 2024). “First, she cited 43 O.S. 2021, § 3, as additional evidence that marriage is a "personal relation" requiring the consent of the parties.”

Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002). “2001) (parent having custody); Okla. Stat. Ann. tit. 43, § 3 (West 2001) (when pregnancy involved); Or.”

Kirkpatrick v. Eighth Jud. Dist. Court of the State of Nevada, 43 P.3d 998 (Nev. 2002). “Code § 14-03-17 (l)(a)(2) (2001) (parent having custody); Okla. Stat. Ann. tit. 43, § 3 (West 2001) (when pregnancy involved); Or.”

Bishop v. Smith (10th Cir. 2014). · cites it 8× “Under Okla. Stat. tit. 43, § 3 (a), which was not properly put at issue below, “[a]ny unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.”

Show all 14 citing cases →

— Okla. Stat. tit. 43, § 3(A) — 2 cases

Guzman v. Guzman, 2021 OK 26 (Okla. 2021). “"); see also 43 O.S. § 3(A) (including among requirements for valid marriage that it take place between "person[s] of the opposite sex"); id.”

Brown v. Alley, 2016 OK 112 (Okla. 2016).

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