Speak Up! - View Question #22660
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Question: can an emancipated minor get married without consent?
Yes. Marriage is a binding contract, and in Arizona an emancipated minor has the right to enter into a binding contract.
The Arizona Legislature passed laws, effective on August 12, 2005, allowing minors to be emancipated (A.R.S. §§ 12-2451 through 12-2456). Emancipation means that you are legally free from your parents or legal guardian. Once emancipated you have many of the same rights and obligations as an adult. Those rights and obligations include:
the right to enter into a binding contract
the ability to sue and be sued
the right to buy and sell real estate
the right to live independently
the legal duty to pay child support if you have a child
the ability to apply for loans and create your own debt
the right to consent to medical, dental and mental health care for yourself and your child and obtain your records
the right to further your education
the right to obtain social services
the right to operate certain equipment and perform certain services
Arizona has another law that requires persons under eighteen years of age to have consent for marriage from the parent or guardian having custody of such person (A.R.S. § 25-102). This law does not apply to an emancipated minor because there is no one (parent or guardian) that has custody for the minor.