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Oklahoma Legislature· HB 1997Second Reading referred to Rules

An act relating to marriage, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1997                 By: Turner

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8                               AS INTRODUCED

9   An Act relating to marriage; enacting the Child

    Protection Act of 2024; amending 43 O.S. 2021,

10  Section 3, which relates to marriage; modifying

    exception; providing for noncodification; and

11  providing an effective date.

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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

18  SECTION 1.      NEW LAW     A new section of law not to be

19 codified in the Oklahoma Statutes reads as follows:

20  This act shall be known and may be cited as the "Child

21 Protection Act of 2024".

22  SECTION 2.      AMENDATORY  43 O.S. 2021, Section 3, is

23 amended to read as follows:

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    Req. No. 11792                                              Page 1
1   Section 3. A. Any unmarried person who is at least eighteen

2 (18) years of age and not otherwise disqualified is capable of

3 contracting and consenting to marriage with a person of the opposite

4 sex.

5   B. 1. Except as otherwise provided by this subsection, no No

6 person under the age of eighteen (18) years shall enter into the

7 marriage relation, nor shall any license issue therefor, except:

8       a. upon the consent and authority expressly given by the

9       parent or guardian of such underage applicant in the

10      presence of the authority issuing such license,

11      b. upon the written consent of the parent or guardian of

12      such underage applicant executed and acknowledged in

13      person before a judge of the district court or the

14      court clerk of any county within the State of

15      Oklahoma,

16      c. if the parent or guardian resides outside of the State

17      of Oklahoma, upon the written consent of the parent or

18      guardian executed before a judge or clerk of a court

19      of record. The executed foreign consent shall be duly

20      authenticated in the same manner as proof of documents

21      from foreign jurisdictions,

22      d. if the certificate of a duly licensed medical doctor

23      or osteopath, acknowledged in the manner provided by

24      law for the acknowledgment of deeds, and stating that

    Req. No. 11792                                                Page 2
1   such parent or guardian is unable by reason of health

2   or incapacity to be present in person, is presented to

3   such licensing authority, upon the written consent of

4   the parent or guardian, acknowledged in the same

5   manner as the accompanying medical certificate,

6   e. if the parent or guardian is on active duty with the

7   Armed Forces of the United States, upon the written

8   permission of the parent or guardian, acknowledged in

9   the manner provided by law for acknowledgment of deeds

10  by military personnel authorized to administer oaths.

11  Such permission shall be presented to the licensing

12  authority, accompanied by a certificate executed by a

13  commissioned officer in command of the applicant, to

14  the effect that the parent or guardian is on active

15  duty in the Armed Forces of the United States, or

16  f. upon affidavit of three (3) reputable persons stating

17  that both parents of the minor are deceased, or

18  mentally incompetent, or their whereabouts are unknown

19  to the minor, and that no guardian has theretofore

20  been appointed for the minor. The judge of the

21  district court issuing the license may in his or her

22  discretion consent to the marriage in the same manner

23  as in all cases in which consent may be given by a

24  parent or guardian

    Req. No. 11792                                     Page 3
1 if a court has conferred upon the minor the rights of majority

2 pursuant to Section 91 et seq. of Title 10 of the Oklahoma Statutes.

3   2. Every person under the age of sixteen (16) years is

4 expressly forbidden and prohibited from entering into the marriage

5 relation except when authorized by the court:

6            a. in settlement of a suit for seduction or paternity, or

7            b. if the unmarried female is pregnant, or has given

8            birth to an illegitimate child and at least one parent

9            of each minor, or the guardian or custodian of such

10           child, is present before the court and has an

11           opportunity to present evidence in the event such

12           parent, guardian, or custodian objects to the issuance

13           of a marriage license. If they are not present the

14           parent, guardian, or custodian may be given notice of

15           the hearing at the discretion of the court.

16  3. A parent or a guardian of any child under the age of

17 eighteen (18) years who is in the custody of the Department of Human

18 Services or the Department of Juvenile Justice shall not be eligible

19 to consent to the marriage of such minor child as required by the

20 provisions of this subsection.

21  4. Any certificate or written permission required by this

22 subsection shall be retained by the official issuing the marriage

23 license.

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    Req. No. 11792                                                Page 4
1   C. No marriage may be authorized when such marriage would be

2 incestuous under this chapter.

3   SECTION 3. This act shall become effective November 1, 2025.

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5   60-1-11792      CMA  12/12/24

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    Req. No. 11792                 Page 5
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