HF 253 (LSB 2164YH (2) 86)

HOUSE FILE 253

BY  MASCHER

A BILL FOR

An Act relating to eligible parties to a valid marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 595.2, Code 2015, is amended to read as follows:
   595.2  Gender —— age Eligible parties to a marriage —— age.
   1.  Only a marriage between a male and a female is valid A party who otherwise meets the requirements of this chapter for a valid marriage is eligible to marry any other such party regardless of gender.
   2.  Additionally, a A marriage between a male and a female two eligible parties is valid only if each is eighteen years of age or older. However, if either or both of the parties have not attained that age, the marriage may be valid under the circumstances prescribed in this section.
   3.  If either party to a marriage falsely represents the party’s self to be eighteen years of age or older at or before the time the marriage is solemnized, the marriage is valid unless the person who falsely represented their age chooses to void the marriage by making their true age known and verified by a birth certificate or other legal evidence of age in an annulment proceeding initiated at any time before the person reaches their eighteenth birthday. A child born of a marriage voided under this subsection is legitimate.
   4.  A marriage license may be issued to a male and a female two eligible parties either or both of whom are sixteen or seventeen years of age if both of the following apply:
   a.  The parents of the underage party or parties certify in writing that they consent to the marriage. If one of the parents of any underage party to a proposed marriage is dead or incompetent the certificate may be executed by the other parent, if both parents are dead or incompetent the guardian of the underage party may execute the certificate, and if the parents are divorced the parent having legal custody may execute the certificate; and.
   b.  The certificate of consent of the parents, parent, or guardian is approved by a judge of the district court or, if both parents of any underage party to a proposed marriage are dead, incompetent, or cannot be located and the party has no guardian, the proposed marriage is approved by a judge of the district court. A judge shall grant approval under this subsection only if the judge finds the underage party or parties capable of assuming the responsibilities of marriage and that the marriage will serve the best interest of the underage party or parties. Pregnancy alone does not establish that the proposed marriage is in the best interest of the underage party or parties, however, if pregnancy is involved the court records which pertain to the fact that the female is pregnant shall be sealed and available only to the parties to the marriage or proposed marriage or to any interested party securing an order of the court.
   5.  If a parent or guardian withholds consent, the judge upon application of a party to a proposed marriage shall determine if the consent has been unreasonably withheld. If the judge so finds, the judge shall proceed to review the application under subsection 4, paragraph “b”.
    Sec. 2.  Section 595.19, Code 2015, is amended to read as follows:
   595.19  Void marriages.
   1.  Marriages between the following persons who are related by blood are void:
   a.  Between a man and his father’s sister, mother’s sister, daughter, sister, son’s daughter, daughter’s daughter, brother’s daughter, or sister’s daughter.
   b.  Between a woman and her father’s brother, mother’s brother, son, brother, son’s son, daughter’s son, brother’s son, or sister’s son.
   a.  Between a party and the party’s aunt or uncle, child, grandchild, sibling, niece, or nephew.
   c.  b.  Between first cousins.
   2.  Marriages between persons either of whom has a husband or wife spouse living are void, but, if the parties live and cohabit together after the death or divorce of the former husband or wife spouse, such marriage shall be valid.
    Sec. 3.  NEW SECTION.  595.21  Marriage codification.

   Marriage is the legally recognized union of two eligible parties. Terms relating to the marital relationship or familial relationships shall be construed consistently with this section for all purposes throughout the law, whether in the context of statute, administrative or court rule, government policy, common law, or any other provisions or source of civil or criminal law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill provides that a party who otherwise meets the requirements of Code chapter 595 (marriage) for a valid marriage is eligible to marry any other such party regardless of gender.
   The bill provides for conforming changes in that Code chapter to include provisions relating to void marriages to be gender neutral.
   The bill also provides that marriage is the legally recognized union of two eligible parties and that terms relating to the marital relationship or familial relationships shall be construed consistently with this provision for all purposes throughout the law, whether in the context of statute, administrative or court rule, government policy, common law, or any other source of civil or criminal law.