Tennessee Code Annotated

Tenn. Code Ann. § 36-3-106 (2026)

Consent of parent, guardian, next of kin, agency or custodian - "Parent" defined

✓ current as of May 2026

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(a) When either applicant is under eighteen (18) years of age, the parents, guardian, next of kin or party having custody of the applicant shall join in the application, under oath, stating that the applicant is seventeen (17) years of age or over and that the applicant has such person's consent to marry.

(b) If the applicant is in the legal custody of any public or private agency or is in the legal custody of any person other than a parent, next of kin or guardian, then such person or the duly authorized representative of such agency shall join in the application with the parent, guardian or next of kin stating, under oath, that the applicant is seventeen (17) years of age but less than eighteen (18) years of age and that the applicant has such person's consent to marry. This subsection (b) does not apply to applicants who are in the legal custody of the department of mental health and substance abuse services or the department of intellectual and developmental disabilities.

(c) The parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant shall join in the application either by personal appearance before the county clerk or deputy county clerk, or by submitting a sworn and notarized affidavit.

(d) The consent of the applicant's parents, guardian, next of kin, other person having custody of the applicant, or duly authorized representative of a public or private agency having legal custody of the applicant is not required if the applicant is emancipated at the time of the application.

(e) Marriage shall remove the disabilities of minority. A minor emancipated by marriage shall be considered to have all the rights and responsibilities of an adult, except for specific constitutional or statutory age requirements, including voting, the use of alcoholic beverages, and other health and safety regulations relevant to the minor because of the minor's age.

(f) A minor shall be advised of the rights and responsibilities of parties to a marriage and of emancipated minors. The minor shall be provided with a fact sheet on these rights and responsibilities to be developed by the administrative office of the courts. The fact sheet shall include referral information for legal aid agencies in this state and national hotlines for domestic violence and sexual assault.

(g) As used in this section, "parent" or "parents" means a person or persons listed as a parent on the child's birth certificate or who have been adjudicated to be the legal parent of the child by a court of competent jurisdiction.

Amended by 2019 Tenn. Acts, ch. 93,s 2, eff. 7/1/2019.

Amended by 2019 Tenn. Acts, ch. 93,s 1, eff. 7/1/2019.

Amended by 2018 Tenn. Acts, ch. 1049,s 4, eff. 5/21/2018.

Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; modified; Acts 1959, ch. 124, § 2; 1972, ch. 545, § 1; T.C.A. (orig. ed.), § 36-408; Acts 1987, ch. 131, § 1; 2000, ch. 947, § 6; 2010, ch. 1100, § 46; 2012, ch. 575, § 1.

Notes of Decisions

Cited in 4 cases, 1988–2017 · 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× “Codified Laws § 25-1-9 (West 2004) Tennessee 18 Tenn. Code Ann. § 36-3-106 (1996) Texas 18 Tex.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Tenn. Code Ann. § 36-3-106 (Supp. 1987) Tex.”

Crystal BLACKWELL, as Next Friend to Jacob Blackwell, a Minor v. SKY HIGH SPORTS NASHVILLE OPERATIONS, LLC, 523 S.W.3d 624 (Tenn. Ct. App. 2017). · cites it 2× “§ 33-8-303 (giving a parent authority to submit minor child to convulsive therapy, but only if neither the child nor the child’s other parent object to the treatment); Tenn. Code Ann. § 36-3-106 (giving a parent authority to consent to a minor’s marriage); Tenn.”

William Patrick Van Erps v. Heather Jackson (Tenn. Ct. App. 2012). · cites it 4× “Tenn. Code Ann. § 36-3-106 provides that custody and visitation determinations are to be made consistent with certain factors.”

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