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A. Residence. At least one of the parties applying for a marriage license must have resided within the territorial jurisdiction of the Osage Nation for at least six months immediately preceding.

B. Age Limit. Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage with a person of the opposite sex.

C. Exceptions to Age Limit.

1. No person under the age of eighteen (18) years shall enter into the marriage relation, nor shall any license issue therefor, except:

a. Upon the consent and authority expressly given by the parent or guardian of such underage applicant in the presence of the authority issuing such license;

b. Upon the written consent of the parent or guardian of such underage applicant executed and acknowledged in person before a Judge of the Trial Court or the Clerk of the Trial Court;

c. If the parent or guardian resides outside of the Osage Nation, upon the written consent of the parent or guardian executed before a judge or clerk of a court of record. The executed foreign consent shall be duly authenticated in the same manner as proof of documents from foreign jurisdictions;

d. If the certificate of a duly licensed medical doctor or osteopath, acknowledged in the manner provided by law for the acknowledgment of deeds, and stating that such parent or guardian is unable by reason of health or incapacity to be present in person, is presented to the Clerk of the Trial Court, upon the written consent of the parent or guardian, acknowledged in the same manner as the accompanying medical certificate;

e. If the parent or guardian is on active duty with the Armed Forces of the United States, upon the written permission of the parent or guardian, acknowledged in the manner provided by law for acknowledgment of deeds by military personnel authorized to administer oaths. Such permission shall be presented to the Clerk of the Trial Court, accompanied by a certificate executed by a commissioned officer in command of the applicant, to the effect that the parent or guardian is on active duty in the Armed Forces of the United States; or

f. Upon affidavit of three reputable persons stating that both parents of the minor are deceased, or mentally incompetent, or their whereabouts are unknown to the minor, and that no guardian has theretofore been appointed for the minor. The Judge of the Trial Court may in his discretion consent to the marriage in the same manner as in all cases in which consent may be given by a parent or guardian.

2. Every person under the age of sixteen (16) years is expressly forbidden and prohibited from entering into the marriage relation except when authorized by the Court:

a. In settlement of a suit for paternity; or

b. If the unmarried female is pregnant, or has given birth to an illegitimate child and at least one parent of each minor, or the guardian or custodian of such child, is present before the Court and has an opportunity to present evidence in the event such parent, guardian, or custodian objects to the issuance of a marriage license. If they are not present the parent, guardian, or custodian may be given notice of the hearing at the discretion of the Court.

3. A parent or a guardian of any child under the age of eighteen (18) years who is in the custody of the Indian Child Welfare Department, Oklahoma Department of Human Services or the Oklahoma Department of Juvenile Justice shall not be eligible to consent to the marriage of such minor child as required by the provisions of this subsection.

4. Any certificate or written permission required by this subsection shall be retained by the Clerk of the Trial Court.

D. No marriage may be authorized when such marriage would be incestuous under this Act. ONCA 12-53, eff. Apr. 19, 2012.