§ 19-3-36.Proof of age of applicants
Chapter 3. Marriage Generally · Article 2. License and Ceremony · Last amended 2025 · Last verified October 9, 2026
Full Text of § 19-3-36
Plain-English Summary
Before a probate judge issues a marriage license, the judge must be satisfied that the applicants meet the age limits in Code Section 19-3-2. This section tells the judge how to check. Every applicant — not only the ones who look young — must give the court documentary evidence of age.
The statute lists the kinds of documents that count: a birth certificate, driver’s license, baptismal certificate, birth certificate registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card. The list closes with the words “containing the full name and date of birth,” so bring a document that shows both.
The last sentence ties proof of age to timing. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately. That fits with § 19-3-35, which allows a license to issue without any waiting period when both applicants are eligible. Younger applicants face more under § 19-3-2: a 17-year-old needs documentary proof of emancipation, at least 15 days must have passed since the emancipation, the older party can be no more than four years older, and each 17-year-old must present a certificate of completed premarital education. No license may be issued for anyone under 17.
The section was last amended in 2025. Willfully giving false information in proof of age is a misdemeanor under § 19-3-47, and § 19-3-45 makes a probate judge who knowingly grants a license without proper precaution in inquiring into minority forfeit $500.
Frequently Asked Questions
What ID do I need to get a marriage license in Georgia?
You need a document that proves your age. The section lists a birth certificate, driver’s license, baptismal certificate, birth certificate registration, selective service card, court record, passport, immigration papers, alien papers, citizenship papers, armed forces discharge papers, armed forces identification card, or hospital admission card, and the list ends with a reference to the full name and date of birth. Your county probate court can tell you what else its application asks for.
Does every applicant have to prove their age, even if we’re clearly adults?
Yes. The section says the judge shall require all applicants to furnish documentary evidence of proof of age. The rule isn’t limited to applicants who look young. The judge must be satisfied that the age limits in Code Section 19-3-2 are met, and the documents are how the court satisfies itself.
Can we get our marriage license the same day in Georgia?
Often, yes. Applicants who have satisfactorily proved that they have reached the age of majority may be issued a marriage license immediately, and § 19-3-35 says an eligible couple’s license may issue without any waiting period. The word is “may,” and the other requirements of Chapter 3 still apply, such as the signed HIV brochure acknowledgment under § 19-3-35.1.
Can a 17-year-old get married in Georgia?
Only under the strict conditions in Code Section 19-3-2. A 17-year-old must give documentary proof of emancipation, at least 15 days must have passed since the emancipation, the older party can be no more than four years older than the younger, and each 17-year-old must present a certificate of completed premarital education. No license may be issued for anyone under 17. This section is how the judge verifies age with documents.
What happens if someone lies about their age on a marriage license application?
It’s a crime. Willfully furnishing false information in proof of age is a misdemeanor under Code Section 19-3-47. The marriage itself can also be at risk: § 19-3-5 treats marriages of persons unable to contract as void, though under that section a later free and voluntary ratification, with cohabitation, after the impediment is removed can make the marriage valid.
Amendment History
Laws 1924, p. 53, § 2; Laws 1927, p. 224, § 1; Laws 1965, p. 335, § 6; Laws 1972, p. 193, § 6; Laws 1975, p. 1298, § 1; Laws 1976, p. 1719, § 4; Laws 1979, p. 872, § 2; Laws 2006, Act 466, § 6B, eff. July 1, 2006; Laws 2019, Act 187, § 1-3, eff. July 1, 2019; Laws 2025, Act 184, § 3, eff. July 1, 2025.
Formerly Code 1863, § 1661; Code 1868, § 1704; Code 1873, § 1705; Code 1882, § 1705; Civil Code 1895, § 2419; Civil Code 1910, § 2938; Code 1933, § 53-206.