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Solemnization of Marriage
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3101.01 Persons who may be joined in marriage; minor to obtain
consent.
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Male
persons of the age of eighteen years, and female persons of the
age of sixteen years, not nearer of kin than second cousins, and
not having a husband or wife living, may be joined in marriage. A
minor must first obtain the consent of the minor's parents,
surviving parent, parent who is designated the residential parent
and legal custodian of the child by a court of competent
jurisdiction, guardian, or any one of the following who has been
awarded permanent custody of the minor by a court exercising
juvenile jurisdiction:
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(A) An
adult person;
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(B) The
department of job and family services or any child welfare
organization certified by such department;
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(C) A
public children services agency.
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A minor
shall not be required to obtain the consent of a parent who
resides in a foreign country, has neglected or abandoned such
minor for a period of one year or longer immediately preceding the
application for a marriage license, has been adjudged incompetent,
is an inmate of a state mental or correctional institution, has
been permanently deprived of parental rights and responsibilities
for the care of the child and the right to have the child live
with the parent and to be the legal custodian of the child by a
court exercising juvenile jurisdiction, or has been deprived of
parental rights and responsibilities for the care of the child and
the right to have the child live with the parent and to be the
legal custodian of the child by the appointment of a guardian of
the person of the minor by the probate court or by any other court
of competent jurisdiction.
- 3101.06 Denial of
license.
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No marriage license shall be granted
when either of the applicants is under the influence of an
intoxicating liquor or controlled substance or is infected with
syphilis in a form that is communicable or likely to become
communicable.
3 3101.8
Who May Solemnize
An ordained or licensed minister of any
religious society or congregation within this state, (state)
licensed to perform marriages, a judge of a county court anywhere in
the state, an authorized judge of a municipal court anywhere in the
state. A probate judge in their county, the mayor of a municipal
corporation in any county in which such municipal corporation wholly
or partially lies, the superintendent of the state school for the
deaf, or any religious society, in conformity with the rules and
regulations of its church, may join together as husband and wife any
persons not prohibited by law.
3101.09 Prohibition
No person, except those legally
authorized, shall attempt to solemnize a marriage, and no marriage
shall be solemnized without the issuance of a license.
3101.10 License to solemnize
Marriages
A minister upon producing to the
secretary of state, credentials of his being a regularly ordained or
licensed minister of any religious society or congregation, shall be
entitled to receive from the secretary of state a license
authorizing him to solemnize marriages in this state so long as he
continues as a regular minister in such society or congregation. A
minister shall produce for inspection his license to solemnize
marriages upon demand of any party to a marriage at which he
officiates or proposes to officiate or upon demand of any probate
judge.
Section 3 (effective June 4, 1976)
All ministers who are licensed or
authorized to solemnize marriages in any county on the effective
date of this act are deemed licensed with the secretary of state as
provided in sections 111.16, 3101.10, 3101.11, and 3101.12 of the
Revised Code as amended by this act.
3101.11 Recording with the Secretary
of State
The secretary of state shall enter the
name of a minister licensed to solemnize marriages upon a record
kept in the office of the secretary of state.
3101.12 Record and License as
evidence of authority
When the name of a minister licensed to
solemnize marriages is entered upon the record by the secretary of
state, such record and the license issued under section 3101.10 of
the Revised Code shall be evidence that such minister is authorized
to solemnize marriages in this state.
3101.13 Record of Marriage
A certificate of every marriage
solemnized shall be transmitted by the authorized person solemnizing
the marriage, within 30 days after the solemnization, to the probate
judge of the county where the marriage license was issued. All such
certificates filed with the judge, shall be consecutively numbered
and recorded in the order in which they are received.
Miscellaneous Provisions
3101.99 Penalties
(B) Whoever violates
section 3101.09 of the Revised Code shall be fined five hundred
dollars and imprisoned not more than six months.
(C) Whoever
violated section 3101.13 of the Revised Code shall be fined not more
than fifty dollars.
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