Is a minor emancipated once married in Virginia?

10/05/2007 - Minors - State: VA #9684

Full Question:

A soon-to-be 16 yr old neighbor girl is contemplating becoming emancipated. She's not married or in the military, and is not capable of supporting herself, so per VA state law, it doesn't appear that could happen. However, she and her 17 YO boyfriend are talking about marriage, and her parents are willing to consent to that. But, the plan is for all four of them to live happily-ever-after together. So she wouldn't need to be emancipated, but she also doesn't need to be responsible for taking care of her dysfunctional parents! What I'm wondering is, even if the parents stupidly agree to this union, is there anyone along the way (social services, a judge, a counselor) that intervenes in the process? Or is it a done-deal once her parents sign on the dotted line?

Answer:

The applicable Virginia statutes are as follows:

§ 20-48. Minimum age of marriage with consent of parents. —

The minimum age at which persons may marry, with consent of the parent or guardian, shall be sixteen.

In case of pregnancy when either party is under sixteen, the clerk authorized to issue marriage licenses in the county or city wherein the female resides shall issue a proper marriage license with the consent of the parent or guardian of the person or persons under the age of sixteen only upon presentation of a doctor's certificate showing he has examined the female and that she is pregnant, or has been pregnant within the nine months previous to such examination, which certificate shall be filed by the clerk, and such marriage consummated under such circumstances shall be valid. If any such person under the age of sixteen is a ward of the Commonwealth by virtue of having been adjudicated a delinquent, dependent, or neglected child, instead of the consent of the parent or natural guardian there shall be required the consent of the judge having jurisdiction to control the custody of such person; or, if such person so adjudicated shall have been committed to the Department of Youth and Family Services or to any society, association, or institution approved by it for this purpose, such consent shall be given by some person thereto authorized by the Director of the Department of Youth and Family Services, or by the principal executive officer of such society, association, or institution, as the case may be.

Nothing herein contained shall be construed to prevent clerks from issuing a marriage license under circumstances mentioned in § 18.2-66, or to prevent persons under circumstances mentioned therein from marrying.

§ 20-49. When consent required and how given.

If any person intending to marry is under eighteen years of age and has not been previously married, the consent of the father or mother or guardian of such person or persons shall be given either personally to the clerk or judge or in writing subscribed by a witness, who shall make oath before the clerk or judge that the writing was signed or sworn to in his presence by such father, guardian, or mother, as the case may be, or the writing shall be sworn to before a notary public or some person authorized to take acknowledgments to deeds under the laws of this Commonwealth, which oath shall be properly certified by such officer. If there is no father, guardian, or mother, or if such person or persons are abandoned by his or their parents, the judge of the circuit court of the county or city wherein such person or either of them resides, either in term or vacation, may on verified petition of such person or persons intending to marry, authorize a marriage license to be issued, or issue the same, as the case may be. However, no consent shall be required where the minor has been emancipated.

If any such person under eighteen years of age is a ward of the Commonwealth by virtue of having been adjudicated a delinquent, in need of supervision, in need of services, or an abused or neglected child pursuant to §§ 16.1-278.2, 16.1-278.4, 16.1-278.5, or § 16.1-278.8, the consent required by this section shall be given by the judge having jurisdiction to control the custody of such person; or, if such person so adjudicated has been committed to the Department of Youth and Family Services, such consent shall be given personally by the Director of the Department of Youth and Family Services or by some person thereto authorized by him, such authorization to be in writing, attested or sworn to as hereinabove provided. However, no consent shall be required where the minor has been emancipated.

Please see the information at the following link for further information:

http://www.dss.virginia.gov/family/children.html

10/05/2007 - Category: Minors - State: VA #9684

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