Legal Question in Criminal Law in Kentucky

marriage with a 16 year old.

Ok my friend has a serious matter on his hands. He is 21 and in love with a girl whom is 16. Her parents don't want him to have anything to do with her. They actually want him in jail. Ok, so is there any possible way for them to get married if she is 16 without the parents consent. Such as, what if she was pregnant etc. Or what if she ran away and they got married, would he still get in trouble if she became his wife? Please help me so I may help my best friend.


Asked on 10/07/08, 4:14 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: marriage with a 16 year old.

A child is "emancipated" under Kentucky law when he turns 18, or is legally married. Children under 18 can legally marry with parental permission, if aged at least 16. Otherwise, children can be married with court approval.

The age of consent in Kentucky is 16; meaning that a 16-year old can consent to sexual intercourse with an adult, aged 18 or older. A child of 14 can consent to sexual intercourse with a minor who is at least 14 but not older than 17.

If a 16-year old girl is pregnant, she can, without the cooperation of her parents, petition the District Court in the Kentucky county of her residence for permission to marry the father of the child.

The best advice you can give to your friend is to wait until the girl is 18.

Good luck.

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Answered on 10/07/08, 4:52 pm


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