20-49 - When consent required and how given.
§ 20-49. When consent required and how given.
If any person intending to marry is under eighteen years of age and has notbeen previously married, the consent of the father or mother or guardian ofsuch person or persons shall be given either personally to the clerk or judgeor in writing subscribed by a witness, who shall make oath before the clerkor judge that the writing was signed or sworn to in his presence by suchfather, guardian, or mother, as the case may be, or the writing shall besworn to before a notary public or some person authorized to takeacknowledgments to deeds under the laws of this Commonwealth, which oathshall 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 theirparents, the judge of the circuit court of the county or city wherein suchperson or either of them resides, either in term or vacation, may on verifiedpetition of such person or persons intending to marry, authorize a marriagelicense to be issued, or issue the same, as the case may be. However, noconsent shall be required where the minor has been emancipated.
If any such person under eighteen years of age is a ward of the Commonwealthby virtue of having been adjudicated a delinquent, in need of supervision, inneed 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 sectionshall be given by the judge having jurisdiction to control the custody ofsuch person; or, if such person so adjudicated has been committed to theDepartment of Juvenile Justice, such consent shall be given personally by theDirector of the Department of Juvenile Justice or by some person theretoauthorized by him, such authorization to be in writing, attested or sworn toas hereinabove provided. However, no consent shall be required where theminor has been emancipated.
(Code 1919, § 5078; 1938, p. 141; 1940, p. 344; 1942, p. 15; 1950, p. 446;1952, c. 313; 1972, c. 823; 1974, cc. 44, 45; 1975, c. 644; 1980, c. 155;1989, c. 733; 1991, c. 534; 1993, c. 778.)