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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1141 By: Fugate
AS INTRODUCED
An Act relating to marriage; enacting the Child
Protection Act of 2025; amending 43 O.S. 2021,
Section 3, which relates to marriage; modifying
exception; providing for noncodification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Child
Protection Act of 2025".
SECTION 2. AMENDATORY 43 O.S. 2021, Section 3, is
amended to read as follows:
Section 3. 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 No
person under the age of eighteen (18) years shall enter into the
marriage relation, nor shall any license issue therefor, except:
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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
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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
if a court has conferred upon the minor the rights of majority
pursuant to Section 91 et seq. of Title 10 of the Oklahoma Statutes.
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
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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.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10740 CMA 12/27/24