A. The county clerk shall not issue a marriage license to an unemancipated person sixteen or seventeen years of age, and no person authorized by the laws of this state to solemnize marriages shall knowingly unite in marriage any person sixteen or seventeen years of age, unless the minor first receives the written consent of each of the minor's living parents as shown on the minor's certificate of birth, or the district court has authorized the marriage of such person upon request of a parent or legal guardian of the person for good cause shown, and a certified copy of the judicial authorization is filed with the county clerk.

B. The county clerk shall not issue a marriage license to any person under sixteen years of age, and no person authorized by the laws of this state to solemnize marriages shall knowingly unite in marriage any person under sixteen years of age, unless the children's or family court division of the district court has first authorized the marriage of the person upon request of a parent or legal guardian of the person in settlement of proceedings to compel support and establish parentage, or where an applicant for the marriage license is pregnant, and a certified copy of the judicial authorization is filed with the county clerk.

History: Laws 1876, ch. 31, § 2; C.L. 1884, § 993; C.L. 1897, § 1426; Code 1915, § 3431; Laws 1923, ch. 100, § 2; C.S. 1929, § 87-107; 1941 Comp., § 65-106; Laws 1953, ch. 112, § 1; 1953 Comp., § 57-1-6; Laws 1972, ch. 97, § 70; 1975, ch. 32, § 2; repealed and reenacted by Laws 2013, ch. 144, § 4.

Repeals and reenactments. — Laws 2013, ch. 144, § 4 repealed former 40-1-6 NMSA 1978, and enacted a new section, effective June 14, 2013.

Cross references. — For age of majority, 18 years, see 28-6-1 NMSA 1978.

For jurisdiction of children's court to authorize marriage of minor, see 32A-1-8 NMSA 1978.

Knowledge of person's age not element of offense. — The marrying of a female under 15, prohibited by this section (before its amendment), the penalty for which was provided by 40-1-8 NMSA 1978, belonged to that class of statutory misdemeanors where knowledge of the person's age and an intent to marry one under age is not a necessary element of the offense. Territory v. Harwood, 1910-NMSC-029, 15 N.M. 424, 110 P. 556, 29 L.R.A. (n.s.) 504.

Such marriages to be declared void by court. — Section 40-1-9 NMSA 1978 (before its amendment) did not make the marriages of males under 18 or females under 15 voidable for they were declared void by this section (before its amendment), but merely provided that they should be declared void by court decree, and rendered less harsh the operation of the statute upon participants in such illegal marriages and their possible and innocent offspring without affecting the liability of the presiding official. Territory v. Harwood, 1910-NMSC-029, 15 N.M. 424, 110 P. 556, 29 L.R.A. (n.s.) 504.

Law reviews. — For article, "Annulment of Marriages in New Mexico: Part II - Proposed Statute," see 2 Nat. Resources J. 270 (1962).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Marriage § 14.

Attack on marriage of a child after his death, 47 A.L.R.2d 1393.

Marriage as affecting jurisdiction of juvenile court over child, 14 A.L.R.2d 336.

55 C.J.S. Marriage § 11.