Vermont Statutes Annotated

Vt. Stat. Ann. tit. 18, § 5142 (2026)

✓ current as of May 2026

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(Cite as: 18 V.S.A. § 5142)

§ 5142. Persons not authorized to marry

The following persons are not authorized to marry, and a town clerk shall not knowingly issue a civil marriage license, when:

(1) either party is under 18 years of age;

(2) either party lacks capacity to understand the nature of the conduct at issue;

(3) either party is 18 years of age or older and under guardianship, without the written consent of the party’s guardian;

(4) the parties are prohibited from marrying under 15 V.S.A. § 1a on account of consanguinity or affinity; or

(5) either party has a living spouse, as prohibited under 13 V.S.A. § 206. (Amended 1965, No. 194, § 10, eff. Feb. 1, 1967; 1967, No. 147, § 47, eff. Oct. 1, 1968; 1971, No. 90, § 13; 1973, No. 201 (Adj. Sess.), § 11; 2009, No. 3, § 8, eff. Sept. 1, 2009; 2013, No. 96 (Adj. Sess.), § 98; 2017, No. 46, § 43, eff. July 1, 2019; 2023, No. 8, § 3, eff. July 1, 2023.)

Notes of Decisions

Cited in 8 cases, 1974–2006 · leading case: Baker v. State, 744 A.2d 864 (Vt. 1999).

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Baker v. State, 744 A.2d 864 (Vt. 1999). · cites it 2× “Apart from establishing restrictions on age and consanguinity related to public health and safety, see 18 V.S.A. § 5142 (minors and incompetent persons); 15 V.”

Cote-Whitacre v. Dep't of Pub. Health, 446 Mass. 350 (Mass. 2006). “15, §§ 1-4 , 8 (LexisNexis 2002); Vt. Stat. Ann. tit. 18, § 5142 (Lexis 2000).”

State v. Barlow, 630 A.2d 1299 (Vt. 1993). “Pursuant to 18 V.S.A. § 5142(2), a minor between the ages of fourteen and sixteen who desires to marry must first obtain the consent of a parent and the certificate of a judge that the public good requires that a marriage license be issued.”

State v. Deyo, 2006 VT 120 (Vt. 2006). “” 18 V.S.A. § 5142(2). This provision suggests that minors under age sixteen are unable to legally consent even to the marriage underlying their “consent” to later sexual activity.”

In Re M., 321 A.2d 19 (Vt. 1974). “§ 4351), (5) if a female over sixteen, may secure a marriage license if there is no parent or guardian competent to act, or, if there is, with the consent of only one parent (18 V.S.A. § 5142(1)), (6) may bring and prosecute a divorce action without a guardian ad litem (V.”

Kirkpatrick v. Dist. Ct., 43 P.3d 998 (Nev. 2002). “1985) (when pregnancy involved); S.D. Codified Laws § 25-1-9 (Michie 1999); Tex.”

State v. Deyo, 2006 VT 120 (Vt. 2006). “" 18 V.S.A. § 5142(2). This provision suggests that minors under age sixteen are unable to legally consent even to the marriage underlying their "consent" to later sexual activity.”

Kirkpatrick v. Eighth Jud. Dist. Court of the State of Nevada, 43 P.3d 998 (Nev. 2002). “2001) (parent having custody); Vt. Stat. Ann. tit. 18, § 5142 (1), (2) (2000); W.”

— Vt. Stat. Ann. tit. 18, § 5142(1) — 1 case

In Re M., 321 A.2d 19 (Vt. 1974). “§ 4351), (5) if a female over sixteen, may secure a marriage license if there is no parent or guardian competent to act, or, if there is, with the consent of only one parent (18 V.S.A. § 5142(1)), (6) may bring and prosecute a divorce action without a guardian ad litem (V.”

— Vt. Stat. Ann. tit. 18, § 5142(2) — 3 cases

State v. Barlow, 630 A.2d 1299 (Vt. 1993). “Pursuant to 18 V.S.A. § 5142(2), a minor between the ages of fourteen and sixteen who desires to marry must first obtain the consent of a parent and the certificate of a judge that the public good requires that a marriage license be issued.”

State v. Deyo, 2006 VT 120 (Vt. 2006). “” 18 V.S.A. § 5142(2). This provision suggests that minors under age sixteen are unable to legally consent even to the marriage underlying their “consent” to later sexual activity.”

State v. Deyo, 2006 VT 120 (Vt. 2006). “" 18 V.S.A. § 5142(2). This provision suggests that minors under age sixteen are unable to legally consent even to the marriage underlying their "consent" to later sexual activity.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.