When is parental consent to marriage required?

Parental consent to marriage is required when one or both of the contracting parties are between the ages of 18 and 21. [Art. 14, Family Code]
How is the parental consent given?

The contracting parties shall exhibit to the local civil registrar, during the application for a marriage license, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. The consent may be manifested:

(1) in writing by the interested party, who personally appears before the proper local civil registrar; or

(2) in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.

The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications.  [Art. 14, Family Code[

What is the effect of the non-compliance with the requirement of parental consent?

The lack of parental consent does not render the marriage automatically void but merely voidable. This means that the marriage is valid until annulled annulled by the Courts. [Art. 45 (1), Family Code]


 Who must file the action for annulment of marriage and within what period should it be filed?

The action for annulment of marriage must be filed:

1.) by the party whose parent or guardian did not give his or her consent, within 5 years after attaining the age of 21, or

2.) by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of 21. [Art. 47 (1), Family Code]

The  action for annulment could no longer be filed after the concerned party reaches 21 and freely cohabited with the other, and both lived together as husband and wife [Art. 45 (1), Family Code]. The marriage is considered ratified if no petition is timely filed.


Bar Question:

D and G, age 20 and 19, respectively, and both single, eloped and got married to each other without parental consent in the case of G, a teenaged student of an exclusive college for girls. Three years later, her parents wanted to seek judicial annulment on that ground. You were consulted and asked to prepare the proper complaint. What advice would you give G's parents? Explain your answer.

SUGGESTED ANSWER:

G himself should file the complaint under Article 45 of the Family Code, and no longer the parents because G is already 22 years of age.