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Firstly, the forty year old is NOT your spouse ... yet ... as you are asking IF you get married. The forty year old is the father of your baby and could possibly face criminal charges for sex with a minor child, child rape, etc.

Just getting pregnant does not mean that you are no longer a "child" and an instant "adult" by any means ... you do realize that there is 24 years difference in ages! At 16 you must have parental permission or a court order to get married.

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Q: If you are a pregnant sixteen year old can you marry your forty year old spouse?
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