Getting a Marriage License
Section 40-1-6 — at sixteen or seventeen only with both living parents' written consent or a court's authorization
A couple gets a license from a county clerk of the state and, after a ceremony in New Mexico, files it for recording in the issuing county. Both appear in person at the clerk's office with sufficient identification.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
| Age | A license issues only |
|---|---|
| AgeSixteen or seventeen, not emancipated | A license issues onlyWith the written consent of each living parent shown on the birth certificate, or a district court's authorization for good cause on a parent's or guardian's request |
| AgeUnder sixteen | A license issues onlyWith authorization from the children's or family court division of the district court, in proceedings to compel support and establish parentage, or where an applicant is pregnant |
Sources for this section (2)
- NMSA 1978, § 40-1-6 — Restrictions on marriage of minors
- NMSA 1978, § 40-1-10 — License required; county clerk
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.