Beruflich Dokumente
Kultur Dokumente
No Parental
Consent
What if
The law does not
make a
distinction
In case either or both of the contracting parties, not having been emancipated by a
previous marriage, are between the ages of eighteen and twenty-one, they shall, in
addition to the requirements of the preceding articles, exhibit to the local civil
registrar, the consent to their marriage of their father, mother, surviving parent or
guardian, or persons having legal charge of them, in the order mentioned. Such
consent shall be manifested in writing by the interested party, who personally
appears before the proper local civil registrar, or in the form of an affidavit made in
the presence of two witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be recorded in both applications
for marriage license, and the affidavit, if one is executed instead, shall be attached
to said applications.
ARGUMENTS
ARGUMENTS
Second, defeats the purpose and sanctity of marriage and diminish its
protection as guaranteed under Article II, Section 12 and Article XV of the
Constitution by giving the parents the option to annul the marriage under Article
45 par. 1, just for the lack of parental consent.
Fourth, it is inconsistent with the principle of the best interest of a child. The
restriction in the right to marry also affects contracting parties who are
pregnant and deprives their child of the rights and privileges of having a family
ARGUMENTS
Applicability
Africa
Europe
US
Asia
Recommendation
To further amend Article 78 of the Family Code, which makes the marriage
settlement valid only if the persons designated in Article 14 to give consent
to the marriage are made parties to the agreement. Family Code, Art. 78: A
minor who according to law may contract marriage may also execute his or
her marriage settlements, but they shall be valid only if the persons
designated in Article 14 to give consent to the marriage are made parties to
the agreement, subject to the provisions of Title IX of this Code. (120a)
Contracting parties who have reached the age of majority can exercise their
right to marry without any restrictions, including those who are pregnant and
those who are independently living as guaranteed under the right to liberty,
life, and property in the Constitution.
It will promote harmony between the countrys family law and principles of
international law.
It will also bring the child closer to his or her biological parents and afford all
the rights of a legitimate child ( in cases where the party is pregnant.)
Thank you!