Libro Primero · Título II · Capítulo I Párrafo II. Impedimentos para contraer matrimonio

The following have an absolute impediment to contract marriage:

1º.Consanguineous relatives in the direct line, and in the collateral line, siblings and half-siblings;

2º.Ascendants and descendants who have been linked by affinity; and

3º.Married persons; and persons united de facto with a person other than their cohabitant, while such union has not been legally dissolved.

Marriage shall not be authorized:

1.That of a minor under eighteen years of age, without the express consent of his or her parents or of the guardian.

2.That of a male under sixteen years of age or of a female under fourteen completed years of age, unless before that age the woman has conceived and the persons exercising parental authority or guardianship give their consent.

3.That of a woman before three hundred days have elapsed counted from the dissolution of the prior marriage, or of the common-law union, or from when the marriage is declared null, unless there has been childbirth within this period, or one of the spouses has been materially separated from the other or absent for the indicated period. If the nullity of the marriage has been declared due to the impotence of the husband, the woman may contract a new marriage without waiting for any period.

4.That of the guardian and of the protutor or of their descendants, with the person who is under their guardianship or pro-guardianship.

5.That of the guardian or of the protutor or of their descendants, with the person who has been under their guardianship, except after the accounts of their administration have been approved and settled.

6.That of a person who, having children under his or her parental authority, fails to make a judicial inventory of the property of those children, nor to guarantee its management, unless administration passes to another person; and

7.That of the adopter with the adoptee, while the adoption lasts.

If, notwithstanding what is prescribed in the preceding article, the marriage were celebrated, it shall be valid, but both the public official and the persons guilty of the violation shall be liable in accordance with the law, and the persons referred to in Subsections 4 and 5 shall lose the administration of the property of the minors and shall not be able to succeed them intestate.

If the public official intervening in the act becomes aware of the existence of any legal impediment, whether on its own initiative or by complaint of the Public Prosecutor's Office or of any person, such public official shall order the suspension of the marriage proceedings and may not continue them until the Interested Parties obtain a favorable decision from the competent authority. If the complaint is not ratified, it shall be without effect.