9.07.050 Judicial Approval

(a) The Turtle Mountain Tribal Court, after a reasonable effort has been made to notify the parents or guardian of each underaged party, may order the Tribal Court clerk to issue a marriage license and a marriage certificate form:

(1) To a party aged sixteen (16) or seventeen (17) years who has no parent capable of consenting to his marriage, or whose parent or guardian has not consented to his marriage; or

(2) To a party under the age of sixteen (16) years who has the consent of both parents to his marriage, if capable of giving consent, or his guardian.

(b) A marriage license and a marriage certificate form may be issued under this section only if the Court finds that the underaged party is capable of assuming the responsibilities of marriage and the marriage will serve his best interests. Pregnancy alone does not establish that the best interest of the party will be served.

(c) The Turtle Mountain Tribal Court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization.