Minors under twenty-one years shall require to contract marriage the consent of the persons under whose patria potestas they are; Provided, however, that in any case where a minor has neither father nor mother, and no tutor has been legally appointed, a District Court judge may upon application appoint a special guardian who shall have authority to give his consent to the marriage of such minor; Provided, further, that before making such appointment, the District Court judge shall satisfy himself that such minor is without the necessary means to secure the appointment of a tutor as otherwise provided by law; Provided, that such appointee shall be one of the immediate relatives of the minor where there are such available, and his appointment shall be entered in the sentence book of the court, and that all entries of said patria potestas in the register book kept for the purpose in the Court of First Instance shall be done away with.
Minors of both sexes who have attained eighteen (18) years of age do not need paternal, guardian or judicial authorization to contract marriage in those cases where it is proven that the betrothed woman has been raped, seduced or is pregnant.
History —Civil Code, 1930, § 74; June 30, 1975, No. 93, p. 287.