Chap. 176.—An ACT to amend and re-enact Section 5090 of the Code of Virginia,
as heretofore amended, relating to the age of consent for marriage. [H.B 26]

Approved March 11, 1942

1. Be it enacted by the General Assembly of Virginia, That section
five thousand and ninety of the Code of Virginia, as heretofore amended,
be amended and re-enacted, as follows:

Section 5090. The age of consent for marriage -——The minimum age
at which minors may marry, with consent of the parent or guardian, shall
be eighteen for the male and sixteen for the female. Provided, however,
that in case of the pregnancy of a female by a male, either of whom is under
age of consent, the clerk authorized to issue marriage licenses in the
county or city wherein the female resides, shall issue proper marriage
license with the consent of the parent or guardian of the person or persons
under the age of consent only upon presentation of a doctor’s certificate
showing he has examined the female and that she is pregnant, which cer-
tificate shall be filed by the clerk, and such marriage consummated under
such circumstances shall be valid. |

If any such person under the age of consent be a ward of the State
by virtue of having been adjudicated a delinquent, dependent, or neglected
child, instead of the consent of the parent or natural guardian there shall
be required the consent of the judge or justice having jurisdiction to con-
trol the custody of such person; or, if such person so adjudicated shall
have been committed to the State Board of Public Welfare or to any
cus. 176, 177] ACTS OF ASSEMBLY 231

society, association, or institution approved by it for this purpose, such
consent shall be given by some person thereto authorized by the Commis-
sioner of Public Welfare, or by the principal executive officer of such so-
ciety, association, or institution, as the case may be.

Nothing herein contained shall be construed to prevent clerks from
issuing a marriage license under circumstances mentioned in section
forty-four hundred and fourteen of the Code of Virginia, or to prevent
persons under circumstances mentioned therein from marrying.