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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 36 Domestic Relations

Chapter 3 Marriage

Part 1 License

36-3-107. Waiver of age requirements and waiting period.

(a) (1) (A) Except as provided in subdivision (a)(1)(B), upon good cause, the judge of the probate, juvenile, circuit or chancery court, or county mayor, shall have the power to suspend the three-day period prescribed in § 36-3-104 or in such person's judgment remove the restriction as to age herein set out, and to authorize the county clerk to issue a marriage license regardless of the waiting period or age limit.

(B) (i) In counties having a population of not less than thirty-four thousand eight hundred fifty (34,850) nor more than thirty-five thousand (35,000), according to the 1990 federal census or any subsequent federal census, upon good cause, the judge of the probate, juvenile, circuit or chancery court shall have the power to suspend the three-day period prescribed in § 36-3-104 or in such person's judgment remove the restriction as to age herein set out, and to authorize the county clerk to issue a marriage license regardless of the waiting period or age limit.

(ii) Subdivision (a)(1)(B)(i) is local in effect, and shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any county having a population of not less than thirty four thousand eight hundred fifty (34,850) nor more than thirty five thousand (35,000), according to the 1990 federal census or any subsequent federal census. Its approval or nonapproval shall be proclaimed by the presiding officer of any county subject to the provisions of this subdivision (a)(1)(B) and certified by the presiding officer to the secretary of state.

(2) (A) In any county with a metropolitan form of government with a population greater than one hundred thousand (100,000) the county clerk shall, upon good cause, have the power to suspend the three-day period prescribed in § 36-3-104.

(B) The provisions of subdivision (a)(2)(A) shall be local in effect and shall become effective in a particular county upon a two-thirds (2/3) majority vote of the county legislative body.

(C) The provisions of subdivision (a)(2)(A) do not apply in counties having a population, according to the 1990 federal census or any subsequent federal census, of not less than one hundred three thousand one hundred (103,100) and not more than one hundred three thousand four hundred (103,400).

(b) A petition to a court filed on behalf of an individual under eighteen (18) years of age to waive the age restriction for marriage shall include a statement indicating the filing in any other court of similar petitions requesting such waiver.

Acts 1937, ch. 81, § 3; C. Supp. 1950, § 8414.3; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1981, ch. 159, § 1; T.C.A. (orig. ed.), § 36-409; Acts 1984, ch. 939, § 1; 1990, ch. 894, § 1; 1992, ch. 941, §§ 1-6; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

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