Texas Attorney General Opinion: WW-999 Page: 1 of 3
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ITHE ATTORNEY GENERAL
AUSTJrIN 11, TEXsA
ArroRNY GENERAL February 24, 1961
Mr. R. L. Lattimore
Criminal District Attorney
Opinion No. WW-999
Re: Whether the consent of the
mother to the marriage of
a minor child is sufficient
under Article 4605, V.C'.S.,
and Articles 404 and 405
V.P.C., where both parents
Dear Mr. Lattimore: are alive.
In your letter requesting an opinion from this office,
you ask whether consent to the marriage of a minor child
by a mother alone is sufficient if the father is living.
Articles 404 and 405, Vernon's Penal Code, read as
"If the clerk of any county court or
other officer authorized by law to issue a
license for marriage shall, without the con-
sent of the parent or guardian of the party
applying, or if there be no parent or guardian
without the consent of the county judge of the
county of the residence of such minor, issue a
marriage license to a male person under the age
of twenty-one years or to a female under the
age of eighteen years, he shall be fined not ex-
ceeding one thousand dollars. Acts 1860, p. 101;
Acts 1911, p. 63.
"If both parents of any minor be alive,
the consent of the father alone shall be suf-
ficient to authorize the issuance of license to
the minor, Acts 1858, p. 186."
It is a basic rule of statutory interpretation that
when the intent of a statute is plainly expressed in the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-999, text, February 24, 1961; (texashistory.unt.edu/ark:/67531/metapth267611/m1/1/: accessed June 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.