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An Act
ENROLLED SENATE
BILL NO. 504 By: Hamilton and Mann of the
Senate
and
Miller, Dollens, McCane,
Deck, Menz, and Fugate of
the House
An Act relating to marriage; amending 43 O.S. 2021,
Section 3, which relates to eligibility to marry;
imposing age restriction on eligibility to marry;
removing exceptions; updating statutory reference;
and providing an effective date.
SUBJECT: Eligibility to marry
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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
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,
ENR. S. B. NO. 504 Page 2
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
ENR. S. B. NO. 504 Page 3
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 title.
SECTION 2. This act shall become effective November 1, 2026.
ENR. S. B. NO. 504 Page 4
Passed the Senate the 25th day of March, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________