Same sex marriage is legal in Maryland, as long as the law does not otherwise prohibit the individuals from marrying (for example, where they are closely related).
Read the Law: Md. Code, Family Law § 2–201
Marriage is prohibited between a person and his or her:
- parent
- grandparent
- child
- brother or sister
- grandchild
- grandparent's spouse
- spouse's grandparent
- aunt or uncle
- stepparent
- stepchild
- spouse’s parent
- spouse’s grandchild
- grandchild's spouse
- niece or nephew
- child's spouse
Read the Law: Md. Code, Family Law § 2-202
To marry without parental consent, a person must be at least 18 years old.
- If one of the parties is 16 or 17 years old, the parties may marry with parental consent OR if a physician certifies that a female to be married is pregnant or has given birth to a child.
- For an individual who is 15 years of age, marriage is permitted only with parental consent AND a physician’s certification that a female to be married is pregnant or has given birth.
- Individuals under 15 cannot marry in Maryland.
Read the Law: Md. Code, Family Law § 2-301
To marry again while a first spouse is alive, an individual must receive an annulment or an absolute divorce. Getting married a second time after failing to end a first marriage may result in prosecution and imprisonment for bigamy. If you have lost contact with your spouse for an extended period of time, you should still obtain a divorce before remarrying.
Read the Law: Md. Code, Criminal Law § 10-502
Proxy Marriage
A marriage by proxy is prohibited. Both parties must be present and participate in the ceremony. However, Maryland courts may recognize a valid, foreign proxy marriage.
Read the case: Tshiani v. Tshiani, 208 Md. App. 43 (2012)
Breach of Promise
In Maryland, you cannot sue the person to whom you are/were engaged, for “breach of promise to marry” except if you, the plaintiff, are pregnant.
Read the Law: Md. Code, Family Law § 3-102