Short answer. Yes. Where the law requires parental consent to the marriage, the very persons who give that consent must also be made parties to the marriage settlement. Their signature on the licence papers is not enough — a settlement they did not join is not valid.
What the law says
they shall be valid only if the persons designated in Article 14 to give consent to the marriage are made parties to the agreement
Family Code, Article 78 — Marriage Settlements Executed by a Minor. Read the full provision →
Who this actually applies to
Nobody under eighteen may marry: Art. 5 fixes eighteen as the floor, without exception, so the old category of a marrying minor no longer exists. The rule that still operates is the one about parties aged eighteen to twenty-one. Art. 14 requires them to exhibit the written consent of the father, mother, surviving parent or guardian, in that order, before a licence issues. If you are in that bracket, you are of age to contract but not yet free of the consent requirement — and it is that consent requirement, not any notion of minority, that pulls your parents into your marriage settlement as well.
Made parties, not merely consulted
The wording is exacting. The settlement is valid only if the persons designated to give consent to the marriage are made parties to the agreement. Being a party means appearing in the document as one, joining in its execution and signing it, not being named in it or approving it in conversation. The consent filed with the local civil registrar is a separate act with a separate purpose, and it does not carry over. Note also that the persons required are the ones the law designates in the order it sets — a settlement joined by a parent who is not the one that order points to has not satisfied the provision.
What happens if they are left out
The consequence attaches to validity, and it is worth being blunt about the effect. A settlement executed without the required parties does not govern your property relations; the regime the law supplies by default does, from the day of the celebration. Couples in this bracket often discover the point years later, when a property is being sold or a creditor asks which regime applies. Because a settlement can only be executed before the wedding, this is not a defect that can be cured afterwards by having the parents sign a late copy.
Sort it out before the licence
If either of you will be under twenty-one on the wedding day, treat the settlement and the consent as one task with one deadline. Work out from birth certificates who exactly the law designates to consent, get that person into the room, and have them execute the settlement itself along with you and before a notary. Where a party is between twenty-one and twenty-five, Art. 15 asks for parental advice rather than consent, which is a different requirement and does not draw the parents into the settlement.
Related provisions
- Family Code, Article 78 — Marriage Settlements Executed by a Minor
- Family Code, Article 14 — Parental Consent for Applicants Aged 18 to 21