Text: HF02182 Text: HF02184 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 595.2, Code 1995, is amended to read as 1 2 follows: 1 3 595.2 AGE – GENDER. 1 4 1.AOnly a marriage between a male and a femaleeach1 5eighteen years of age or olderis valid. 1 6 2.AAdditionally, a marriage between a male and a female 1 7 is valid only if each is eighteen years of age or older. 1 8 However, if either or both ofwhomthe parties have not 1 9 attained that age, the marriage may be valid under the 1 10 circumstances prescribed in this section. 1 111.3. If either party to a marriage falsely represents the 1 12 party's self to be eighteen years of age or older at or before 1 13 the time the marriage is solemnized, the marriage is valid 1 14 unless the person who falsely represented their age chooses to 1 15 void the marriage by making their true age known and verified 1 16 by a birth certificate or other legal evidence of age in an 1 17 annulment proceeding initiated at any time before the person 1 18 reaches their eighteenth birthday. A child born of a marriage 1 19 voided under this subsection is legitimate. 1 202.4. A marriage license may be issued to a male and a 1 21 female either or both of whom are sixteen or seventeen years 1 22 of age if: 1 23 a. The parents of the underaged party or parties certify 1 24 in writing that they consent to the marriage. If one of the 1 25 parents of any underaged party to a proposed marriage is dead 1 26 or incompetent the certificate may be executed by the other 1 27 parent, if both parents are dead or incompetent the guardian 1 28 of the underaged party may execute the certificate, and if the 1 29 parents are divorced the parent having legal custody may 1 30 execute the certificate and 1 31 b. The certificate of consent of the parents, parent or 1 32 guardian is approved by a judge of the district court or, if 1 33 both parents of any underaged party to a proposed marriage are 1 34 dead, incompetent or cannot be located and the party has no 1 35 guardian, the proposed marriage is approved by a judge of the 2 1 district court. A judge shall grant approval under this 2 2 subsection only if the judge finds the underaged party or 2 3 parties capable of assuming the responsibilities of marriage 2 4 and that the marriage will serve the best interest of the 2 5 underaged party or parties. Pregnancy alone does not 2 6 establish that the proposed marriage is in the best interest 2 7 of the underaged party or parties, however if pregnancy is 2 8 involved the court records which pertain to the fact that the 2 9 female is pregnant shall be sealed and available only to the 2 10 parties to the marriage or proposed marriage or to any 2 11 interested party securing an order of the court. 2 12 c. If a parent or guardian withholds consent, the judge 2 13 upon application of a party to a proposed marriage shall 2 14 determine if the consent has been unreasonably withheld. If 2 15 the judge so finds, the judge shall proceed to review the 2 16 application under paragraph "b"of this subsection. 2 17 Sec. 2. Section 595.3, subsection 2, Code 1995, is amended 2 18 to read as follows: 2 19 2. Where either party is under eighteen years of age, 2 20 unless the marriage is approved by a judge of the district 2 21 court as provided by section 595.2, subsection 2. 2 22 Sec. 3. NEW SECTION. 595.20 FOREIGN MARRIAGES – 2 23 VALIDITY. 2 24 A marriage which is solemnized in any other state, 2 25 territory, country, or any foreign jurisdiction which is valid 2 26 in that state, territory, country, or other foreign 2 27 jurisdiction, is valid in this state if the parties meet the 2 28 requirements for validity pursuant to section 595.2, 2 29 subsection 1 and if the marriage would not otherwise be 2 30 declared void. 2 31 HF 2183 2 32 pf/pk/25
Text: HF02182 Text: HF02184 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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