Section 181.35 - [Repealed effective 11/20/2024] Parental Consent of Underage Applicants to Marriage(a) The county clerk shall issue a marriage license to an applicant who is 16 years of age or older, but under 18 years of age, if parental consent is given.(b) A parent or person who has legal authority to consent to marriage for an underage applicant who gives consent shall provide: (1) proof of the parent's or person's identity; and(2) proof that the parent or person has the legal authority to consent to marriage for the applicant.(c) In accordance with Texas Family Code § 2.009(b), proof of the parent's or person's legal identity must be established by: (1) a driver's license or identification card issued by this state, another state, or a Canadian province that is current or has expired not more than two years preceding the date the identification is submitted to the county clerk in connection with an application for a license;(2) a United States passport;(3) a current passport issued by a foreign country or a consular document issued by a state or national government;(4) an unexpired Certificate of United States Citizenship, Certificate of Naturalization, United States Citizen Identification Card, Permanent Resident Card, Temporary Resident Card, Employment Authorization Card, or other document issued by the federal Department of Homeland Security or the United States Department of State including an identification photograph;(5) an unexpired military identification card for active duty, reserve, or retired personnel with an identification photograph;(6) an original or certified copy of a birth certificate issued by a vital statistics registrar for a state or a foreign government;(7) an original or certified copy of a Consular Report of Birth Abroad or Certificate of Birth Abroad issued by the United States Department of State;(8) an original or certified copy of a court order relating to the applicant's name change or sex change;(9) school records from a secondary school or institution of higher education;(10) an insurance policy continuously valid for the two years preceding the date of the application for a license;(11) a motor vehicle certificate of title;(12) military records, including documentation of release or discharge from active duty or a draft record;(13) an unexpired military dependent identification card;(14) an original or certified copy of the applicant's marriage license or divorce decree;(15) a voter registration certificate;(16) a pilot's license issued by the Federal Aviation Administration or another authorized agency of the United States;(17) a license to carry a concealed handgun under Government Code, Chapter 411, Subchapter H;(18) a temporary driving permit or a temporary identification card issued by the Department of Public Safety; or(19) an offender identification card issued by the Texas Department of Criminal Justice.(d) Proof that the parent or person has the legal authority to consent to marriage for the applicant must be in the form of a certified document, which may include: (1) a certified copy of a birth certificate issued by this state, another state, or a foreign government;(2) a report of birth abroad;(3) an adoption decree with adopting parents' names; or(4) a court order from a court of competent jurisdiction establishing custody or guardianship.25 Tex. Admin. Code § 181.35
The provisions of this §181.35 adopted to be effective August 11, 2013, 38 TexReg 4896; Repealed by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8585, eff. 11/20/2024