On page 1, line 1, of the Introduced bill, delete "support the betterment of " and insert "revise provisions related to the marriage of minors in "
On the Introduced bill, delete everything after the enacting clause and insert:
"
Section 1. That § 25-1-9 be AMENDED:
25-1-9. Any
unmarried applicant for a marriage license who is eighteen years old
or older, and who is not otherwise disqualified, is capable of
consenting to and consummating a marriage.
If either applicant for a marriage license is between the age of
sixteen and eighteen, that applicant shall submit to the register of
deeds a notarized statement of consent to marry from one parent or
legal guardian of the applicant.
Section 2. That § 25-1-13 be AMENDED:
25-1-13. If
either party is a minor, no marriage license shall be granted unless
the written consent of the parent or guardian, duly acknowledged by
the parent or guardian, or proved to be genuine, Notwithstanding
§ 25-1-9, a marriage license may be granted to an applicant
between the age of sixteen and eighteen if:
(1) The other party to the marriage is not more than three years older than the applicant and not younger than sixteen years;
(2) A
notarized statement of consent to marry from one parent or legal
guardian of the applicant is
filed in the office of the county register of deeds prior to issuing
the license,
and a memorandum of the facts shall be entered in the marriage record
book with the other records of the marriage license;
and
(3) Written authorization from a court exercising juvenile jurisdiction in the county where either party to the marriage resides is filed in the office of the county register of deeds prior to issuing the license.
Before issuing written authorization for a minor applicant to marry, the court shall determine that the minor is entering into the marriage voluntarily and the marriage is in the best interest of the minor under the circumstances. The court may require both parties to the marriage to complete premarital counseling prior to the issuance of the court's written authorization.
Section 3. That § 25-1-33 be AMENDED:
25-1-33. A
person
who
is guilty of a Class 1 misdemeanor if the person
solemnizes any marriage
where either of the parties is known to him to be
knowing that:
(1) Either
party is
under the age of
legal consent and without the consent of his or her parents or
guardian or persons having charge of him or her, or where either of
the parties is known to him to be
eighteen and the requirements set forth in § 25-1-13 have not
been met;
(2) Either
party is
of unsound mind,
or any marriage to which, within his knowledge, any;
or
(3) Any
other
legal impediment exists,
is guilty of a Class 1 misdemeanor.
Section 4. That § 25-3-4 be AMENDED:
25-3-4. A
marriage may be annulled by
bringing
an action in
the
circuit court to obtain a decree of nullity if the party
in
on whose
behalf
it
the decree
is sought
to have the marriage annulled
was under the age of
legal consent
eighteen
at the time of the marriage,
and
such marriage was contracted without the consent of his or her
parents or guardian or person having charge of him or her
the requirements set forth in § 25-1-13 were not met,
unless, after attaining the age of
consent, such
eighteen, the
party,
for any time,
freely cohabitated with the other
party to the marriage
as husband or wife.
An action to obtain a decree of
nullity of marriage
for causes mentioned in this section
must be commenced by
the:
(1) The
party to the marriage who was married under the age of
legal consent
eighteen,
within four years after
arriving at
the party attains
the age of
consent, or by a
eighteen; or
(2) A
parent,
guardian, or other person having charge of such nonaged male or
female
or legal guardian of the party to the marriage who was married under
the age of eighteen,
at any time before
such married minor has arrived at
the party attains
the age of
legal consent
eighteen."