TITLE 32

DOMESTIC RELATIONS

CHAPTER 3

SOLEMNIZATION OF MARRIAGE

32-302.  Duty of person officiating. All persons herein authorized to solemnize marriages must first require the presentation of the marriage license and must ascertain and be assured of:

1.  The identity of the parties.

2.  Their real and full names and places of residence.

3.  That they are of sufficient age to be capable of contracting marriage.

4.  If either the male or the female is under the age of eighteen (18), the consent of the father, mother or guardian, if any such, is given, or that such underaged person has been previously but is not at the time married; and that the parties applying for the rites of marriage, and making such contract, have a legal right so to do.

History:

[(32-302) 1876, p. 24, sec. 9; R.S., sec. 2430; am. 1888-1889, p. 44; reen. R.C. & C.L., sec. 2621; C.S., sec. 4601; I.C.A., sec. 31-302; am. 1995, ch. 104, sec. 5, p. 335.]