New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VIII - Institutional Programs
Part 711 - Marriages During Confinement
Section 711.2 - Legal and administrative prerequisites

(1) Age. In accordance with New York State law, all persons making an application for a marriage license must be 18 years of age or older. Those who are under age must submit written consent of both parents, or of one parent if the whereabouts of the other parent has been unknown for a period of one year, or of a legal guardian. Persons under the age of 16 years must obtain the written approval of a justice of the Supreme Court or a judge of the appropriate Family Court as stipulated in section 15 of the Domestic Relations Law.

(2) Competency. Both parties must be mentally capable of consenting to the marriage.

(3) Prior marriages.

(4) Inmate status. When two persons are both confined in New York State correctional facilities, they will not be permitted to marry until at least one of them has been released from such confinement.

(1) Inmate status. An inmate may not marry another inmate.

(2) Disciplinary status. The superintendent is authorized to prohibit the marriage of an inmate during the period that the inmate is confined pursuant to the disposition of a superintendent's or disciplinary hearing.

(3) Threat to safety and security. If, in his/her judgment, the superintendent concludes that a proposed marriage presents a real threat to the safety and security of the facility, the marriage may be prohibited until such time as the threat is removed.