Plain Text Law

Title 5. Children — Subtitle 2A. Authorization for a Minor to Marry

Statutes in effect as of October 1, 2026.

Md. Code Ann., Fam. Law § 5-2A-01 (2026)
Title 5. Children
Subtitle 2A. Authorization for a Minor to Marry

§ 5–2A-01Copy Citation

(a)
A minor who is 17 years old may file a petition in the minor’s own name for authorization to marry in the circuit court for the county in which the minor resides.
(b)
A petition for authorization to marry shall contain the following:
(1)
the petitioner’s full name, gender, date of birth, and address, including the length of time the petitioner has resided at the address;
(2)
the intended spouse’s full name, gender, date of birth, and address, including the length of time the intended spouse has resided at the address;
(3)
a statement explaining how the parties met and how long they have known each other;
(4)
a copy of any criminal records concerning either party and a copy of any peace order or protective order issued against either party;
(5)
evidence that the minor is mature and capable of self–sufficiency and self–support independent of the minor’s parents, guardian, legal custodian, or intended spouse; and
(6)
the name and last known address of each living parent, guardian, or legal custodian of the petitioner.
Md. Code Ann., Fam. Law § 5-2A-02 (2026)
Title 5. Children
Subtitle 2A. Authorization for a Minor to Marry

§ 5–2A-02Copy Citation

On the filing of a petition for authorization to marry, a court shall:
(1)
appoint a lawyer with family law experience to represent the petitioner;
(2)
set an evidentiary hearing on the petition;
(3)
provide the minor with the following:
(i)
information on the rights and responsibilities of:
(1)
a minor granted authorization to marry under this subtitle, including the right to divorce; and
(2)
parties to a marriage;
(ii)
referral information for legal aid agencies;
(iii)
information on State and national hotlines for child abuse, domestic violence, sexual assault, and human trafficking; and
(iv)
information related to impacts and outcomes of child marriage in the United States; and
(4)
notify each living parent, guardian, or legal custodian whom the court is able to locate of their right to support or oppose the petition.
Md. Code Ann., Fam. Law § 5-2A-03 (2026)
Title 5. Children
Subtitle 2A. Authorization for a Minor to Marry

§ 5–2A-03Copy Citation

(a)
At the hearing, the court shall conduct an in camera interview of the petitioner separate from the petitioner’s parents, guardians, or legal custodians and intended spouse.
(b)
(1)
Neither the wishes of the parents, guardians, or legal custodians of the petitioner nor the fact that the petitioner or the intended spouse of the petitioner is pregnant is sufficient evidence to determine that marriage is in the best interest of the petitioner.
(2)
There is a rebuttable presumption that marriage is not in the best interests of the petitioner if all the parents, guardians, or legal custodians of the petitioner oppose the petition.
(c)
Subject to subsection (e) of this section, after a hearing, a court may issue an order granting authorization to marry if the court makes written findings that:
(1)
the petitioner is at least 17 years old;
(2)
the petitioner seeks to marry voluntarily and free from force, coercion, and fraud; and
(3)
the petitioner is mature and capable of self–sufficiency and self–support.
(d)
A court may deny a petition for the authorization to marry if the court makes a written finding that marriage is not in the best interest of the petitioner.
(e)
A court may not issue an order granting authorization to marry under this section if the court determines that:
(1)
the intended spouse of the petitioner:
(i)
at any time has been in a position of authority over the petitioner or in a position of special trust with the petitioner or has had a professional relationship with the petitioner; or
(ii)
has been convicted or adjudicated delinquent for:
(1)
any crime against a minor;
(2)
a crime of violence under § 14–101 of the Criminal Law Article;
(3)
a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; or
(4)
human trafficking under Title 3, Subtitle 11 of the Criminal Law Article;
(2)
one party is pregnant or has a child with the other party that evidences that the petitioner was the victim of a sexual crime committed by the intended spouse; or
(3)
a protective order or peace order was issued against the intended spouse of the petitioner, regardless of whether the petitioner was the person to be protected.
Md. Code Ann., Fam. Law § 5-2A-04 (2026)
Title 5. Children
Subtitle 2A. Authorization for a Minor to Marry

§ 5–2A-04Copy Citation

On the issuance of an order granting authorization to marry, the clerk of the court shall provide a certified copy of the order to the petitioner.
Md. Code Ann., Fam. Law § 5-2A-05 (2026)
Title 5. Children
Subtitle 2A. Authorization for a Minor to Marry

§ 5–2A-05Copy Citation

A minor who is married:
(1)
may file an action for divorce under Title 7 of this article; and
(2)
shall be deemed emancipated for the limited purpose of obtaining a divorce.
Md. Code Ann., Fam. Law § 5-2A-06 (2026)
Title 5. Children
Subtitle 2A. Authorization for a Minor to Marry

§ 5–2A-06Copy Citation

The Supreme Court of Maryland may adopt rules to implement the provisions of this subtitle.