Text: HF00381 Text: HF00383 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 382 1 2 1 3 AN ACT 1 4 RELATING TO CERTAIN RELATIONSHIPS INCLUDING CERTAIN MARRIAGES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 595.2, Code 1997, is amended to read as 1 9 follows: 1 10 595.2 AGE – GENDER. 1 11 1.AOnly a marriage between a male and a femaleeach1 12eighteen years of age or olderis valid. 1 13 2.AAdditionally, a marriage between a male and a female 1 14 is valid only if each is eighteen years of age or older. 1 15 However, if either or both ofwhomthe parties have not 1 16 attained that age, the marriage may be valid under the 1 17 circumstances prescribed in this section. 1 1813. If either party to a marriage falsely represents the 1 19 party's self to be eighteen years of age or older at or before 1 20 the time the marriage is solemnized, the marriage is valid 1 21 unless the person who falsely represented their age chooses to 1 22 void the marriage by making their true age known and verified 1 23 by a birth certificate or other legal evidence of age in an 1 24 annulment proceeding initiated at any time before the person 1 25 reaches their eighteenth birthday. A child born of a marriage 1 26 voided under this subsection is legitimate. 1 2724. A marriage license may be issued to a male and a 1 28 female either or both of whom are sixteen or seventeen years 1 29 of age if: 1 30 a. The parents of the underaged party or parties certify 1 31 in writing that they consent to the marriage. If one of the 1 32 parents of any underaged party to a proposed marriage is dead 1 33 or incompetent the certificate may be executed by the other 1 34 parent, if both parents are dead or incompetent the guardian 1 35 of the underaged party may execute the certificate, and if the 2 1 parents are divorced the parent having legal custody may 2 2 execute the certificate and 2 3 b. The certificate of consent of the parents, parent, or 2 4 guardian is approved by a judge of the district court or, if 2 5 both parents of any underaged party to a proposed marriage are 2 6 dead, incompetent, or cannot be located and the party has no 2 7 guardian, the proposed marriage is approved by a judge of the 2 8 district court. A judge shall grant approval under this 2 9 subsection only if the judge finds the underaged party or 2 10 parties capable of assuming the responsibilities of marriage 2 11 and that the marriage will serve the best interest of the 2 12 underaged party or parties. Pregnancy alone does not 2 13 establish that the proposed marriage is in the best interest 2 14 of the underaged party or parties, however, if pregnancy is 2 15 involved the court records which pertain to the fact that the 2 16 female is pregnant shall be sealed and available only to the 2 17 parties to the marriage or proposed marriage or to any 2 18 interested party securing an order of the court. 2 19 c. If a parent or guardian withholds consent, the judge 2 20 upon application of a party to a proposed marriage shall 2 21 determine if the consent has been unreasonably withheld. If 2 22 the judge so finds, the judge shall proceed to review the 2 23 application under paragraph "b"of this subsection. 2 24 Sec. 2. Section 595.3, subsection 2, Code 1997, is amended 2 25 to read as follows: 2 26 2. Where either party is under eighteen years of age, 2 27 unless the marriage is approved by a judge of the district 2 28 court as provided by section 595.2, subsection 2. 2 29 Sec. 3. NEW SECTION. 595.20 FOREIGN MARRIAGES – 2 30 VALIDITY. 2 31 A marriage which is solemnized in any other state, 2 32 territory, country, or any foreign jurisdiction which is valid 2 33 in that state, territory, country, or other foreign 2 34 jurisdiction, is valid in this state if the parties meet the 2 35 requirements for validity pursuant to section 595.2, 3 1 subsection 1, and if the marriage would not otherwise be 3 2 declared void. 3 3 Sec. 4. TASK FORCE – DOMESTIC PARTNERS. The legislative 3 4 council is requested to establish an interim task force to 3 5 review the issues faced by domestic partners including but not 3 6 limited to property rights, access to courts, parentage, 3 7 inheritance, hospital or health care facility visitation, 3 8 health decisions, contract rights, workplace benefits, 3 9 insurance coverage, and retirement benefits. The task force 3 10 shall include representatives of the legal profession, the 3 11 courts, insurance, business and industry, labor, consumers who 3 12 are domestic partners, and others with interest or expertise 3 13 in this area. The task force shall submit a report of 3 14 recommendations concerning these issues and recommendations 3 15 for any necessary legislation to the general assembly by 3 16 January 1, 1999. 3 17 3 18 3 19 3 20 RON J. CORBETT 3 21 Speaker of the House 3 22 3 23 3 24 3 25 MARY E. KRAMER 3 26 President of the Senate 3 27 3 28 I hereby certify that this bill originated in the House and 3 29 is known as House File 382, Seventy-seventh General Assembly. 3 30 3 31 3 32 3 33 ELIZABETH ISAACSON 3 34 Chief Clerk of the House 3 35 Approved , 1998 4 1 4 2 4 3 4 4 TERRY E. BRANSTAD 4 5 Governor
Text: HF00381 Text: HF00383 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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