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Santa Clara County exact answer

Can a minor apply for a marriage license in Santa Clara County?

This answer belongs to the issuing office and task named above. It does not substitute a statewide summary or infer a rule the office does not publish.

Direct answer

In Santa Clara County, an applicant under 18 needs written consent from at least one parent or legal guardian and permission from a California Superior Court Judge. Emancipated minors are not exempt from this process. A minor may obtain a public license only, never a confidential one. The Clerk-Recorder's office does not publish a procedure for applicants under 18 — its published eligibility is simply 18 or older. This is the statewide rule from the California Department of Public Health, which directs applicants to their County Clerk's office for the local requirements. Contact the office before relying on it.

Published rule and conditions

Minor applicant rule
An applicant under 18 needs written consent from at least one parent or legal guardian and permission from a California Superior Court Judge. Emancipated minors are not exempt from this process. A minor may obtain a public license only, never a confidential one.

The Clerk-Recorder's office does not publish a procedure for applicants under 18 — its published eligibility is simply 18 or older. This is the statewide rule from the California Department of Public Health, which directs applicants to their County Clerk's office for the local requirements. Contact the office before relying on it.

Applies in some cases

You must be at least 18 years old. Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. Emancipated minors are NOT exempt from this process.

Issuing office

Santa Clara County Office of the County Clerk-Recorder

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Official sources for this answer

  • Types of Marriage LicensesCalifornia Department of Public Health, Vital Records - checked July 26, 2026

    Page last updated 27 April 2017. Public Marriage License: You must be at least 18 years old. Persons under 18 with written consent from at least one parent (or legal guardian) AND permission from a California Superior Court Judge may marry. Emancipated minors are NOT exempt from this process. You are not required to get married in the county where you purchase the public marriage license; however, you must be married in California. You must file the license in the county where it was purchased. You must have at least one witness present at your ceremony. The license contains a place for two witnesses if you prefer. You may NOT have more than two witnesses sign the official marriage license. Confidential Marriage License: The participating parties must be at least 18 years old. Minors may NOT purchase a confidential marriage license. The participating parties must be living together as spouses at the time they apply for the marriage license, and must sign an affidavit on the license attesting to those facts. No witnesses are required to be at the ceremony, AND no witnesses sign on the marriage license.

Answer boundary

MarriageLicenseCheck is an independent reference, not the issuing office or legal advice. Applicant facts, timing, prior marriages, and document type can change the result. The official office decides what it will accept.

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