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House File 70 - IntroducedA Bill ForAn Act 1relating to eligible parties to a valid marriage.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 595.2, Code 2021, is amended to read as
2follows:
3595.2 Gender Eligible parties to a valid marriage — age.
41. Only a marriage between a male and a female is valid
5 A party who otherwise meets the requirements of this chapter
6for a valid marriage is eligible to marry any other such party
7regardless of gender.
82. Additionally, a A marriage between a male and a female
9 two eligible parties is valid only if each is eighteen years
10of age or older. However, if either or both of the parties
11have not attained that age, the marriage may be valid under the
12circumstances prescribed in this section.
133. If either party to a marriage falsely represents the
14party’s self to be eighteen years of age or older at or before
15the time the marriage is solemnized, the marriage is valid
16unless the person who falsely represented their age chooses to
17void the marriage by making their true age known and verified
18by a birth certificate or other legal evidence of age in an
19annulment proceeding initiated at any time before the person
20reaches their eighteenth birthday. A child born of a marriage
21voided under this subsection is legitimate.
224. A marriage license may be issued to a male and a female
23 two eligible parties either or both of whom are sixteen or
24seventeen years of age if both of the following apply:
25a. The parents of the underage party or parties certify
26in writing that they consent to the marriage. If one of the
27parents of any underage party to a proposed marriage is dead
28or incompetent the certificate may be executed by the other
29parent, if both parents are dead or incompetent the guardian
30of the underage party may execute the certificate, and if
31the parents are divorced the parent having legal custody may
32execute the certificate; and.
33b. The certificate of consent of the parents, parent, or
34guardian is approved by a judge of the district court or,
35if both parents of any underage party to a proposed marriage
-1-1are dead, incompetent, or cannot be located and the party has
2no guardian, the proposed marriage is approved by a judge
3of the district court. A judge shall grant approval under
4this subsection only if the judge finds the underage party or
5parties capable of assuming the responsibilities of marriage
6and that the marriage will serve the best interest of the
7underage party or parties. Pregnancy alone does not establish
8that the proposed marriage is in the best interest of the
9underage party or parties, however, if pregnancy is involved
10the court records which pertain to the fact that the female is
11pregnant shall be sealed and available only to the parties to
12the marriage or proposed marriage or to any interested party
13securing an order of the court.
145. If a parent or guardian withholds consent, the judge upon
15application of a party to a proposed marriage shall determine
16if the consent has been unreasonably withheld. If the judge so
17finds, the judge shall proceed to review the application under
18subsection 4, paragraph “b”.
19 Sec. 2. Section 595.19, Code 2021, is amended to read as
20follows:
21595.19 Void marriages.
221. Marriages between the following persons who are related
23by blood are void:
24a. Between a man and his father’s sister, mother’s sister,
25daughter, sister, son’s daughter, daughter’s daughter,
26brother’s daughter, or sister’s daughter.
27b. Between a woman and her father’s brother, mother’s
28brother, son, brother, son’s son, daughter’s son, brother’s
29son, or sister’s son.
30a. Between a party and the party’s aunt or uncle, child,
31grandchild, sibling, niece, or nephew.
32c. b. Between first cousins.
332. Marriages between persons either of whom has a husband
34or wife spouse living are void, but, if the parties live and
35cohabit together after the death or divorce of the former
-2-1husband or wife spouse, such marriage shall be valid.
2 Sec. 3. NEW SECTION. 598.21 Marriage codification.
3Marriage is the legally recognized union of two eligible
4parties. Terms relating to the marital relationship or
5familial relationships shall be construed consistently with
6this section for purposes throughout the law, whether in the
7context of statute, administrative or court rule, government
8policy, common law, or any other provisions or source of civil
9or criminal law.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill provides that a party who otherwise meets the
14requirements of Code chapter 595 (marriage) for a valid
15marriage is eligible to marry any other such party regardless
16of gender.
17The bill provides for conforming changes in that Code
18chapter to include provisions relating to void marriages to be
19gender neutral.
20The bill also provides that marriage is the legally
21recognized union of two eligible parties and that terms
22relating to the marital relationship or familial relationships
23shall be construed consistently with this provision for
24purposes throughout the law, whether in the context of statute,
25administrative or court rule, government policy, common law, or
26any other provisions or source of civil or criminal law.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 595.2, Code 2021, is amended to read as
2follows:
3595.2 Gender Eligible parties to a valid marriage — age.
41. Only a marriage between a male and a female is valid
5 A party who otherwise meets the requirements of this chapter
6for a valid marriage is eligible to marry any other such party
7regardless of gender.
82. Additionally, a A marriage between a male and a female
9 two eligible parties is valid only if each is eighteen years
10of age or older. However, if either or both of the parties
11have not attained that age, the marriage may be valid under the
12circumstances prescribed in this section.
133. If either party to a marriage falsely represents the
14party’s self to be eighteen years of age or older at or before
15the time the marriage is solemnized, the marriage is valid
16unless the person who falsely represented their age chooses to
17void the marriage by making their true age known and verified
18by a birth certificate or other legal evidence of age in an
19annulment proceeding initiated at any time before the person
20reaches their eighteenth birthday. A child born of a marriage
21voided under this subsection is legitimate.
224. A marriage license may be issued to a male and a female
23 two eligible parties either or both of whom are sixteen or
24seventeen years of age if both of the following apply:
25a. The parents of the underage party or parties certify
26in writing that they consent to the marriage. If one of the
27parents of any underage party to a proposed marriage is dead
28or incompetent the certificate may be executed by the other
29parent, if both parents are dead or incompetent the guardian
30of the underage party may execute the certificate, and if
31the parents are divorced the parent having legal custody may
32execute the certificate; and.
33b. The certificate of consent of the parents, parent, or
34guardian is approved by a judge of the district court or,
35if both parents of any underage party to a proposed marriage
-1-1are dead, incompetent, or cannot be located and the party has
2no guardian, the proposed marriage is approved by a judge
3of the district court. A judge shall grant approval under
4this subsection only if the judge finds the underage party or
5parties capable of assuming the responsibilities of marriage
6and that the marriage will serve the best interest of the
7underage party or parties. Pregnancy alone does not establish
8that the proposed marriage is in the best interest of the
9underage party or parties, however, if pregnancy is involved
10the court records which pertain to the fact that the female is
11pregnant shall be sealed and available only to the parties to
12the marriage or proposed marriage or to any interested party
13securing an order of the court.
145. If a parent or guardian withholds consent, the judge upon
15application of a party to a proposed marriage shall determine
16if the consent has been unreasonably withheld. If the judge so
17finds, the judge shall proceed to review the application under
18subsection 4, paragraph “b”.
19 Sec. 2. Section 595.19, Code 2021, is amended to read as
20follows:
21595.19 Void marriages.
221. Marriages between the following persons who are related
23by blood are void:
24a. Between a man and his father’s sister, mother’s sister,
25daughter, sister, son’s daughter, daughter’s daughter,
26brother’s daughter, or sister’s daughter.
27b. Between a woman and her father’s brother, mother’s
28brother, son, brother, son’s son, daughter’s son, brother’s
29son, or sister’s son.
30a. Between a party and the party’s aunt or uncle, child,
31grandchild, sibling, niece, or nephew.
32c. b. Between first cousins.
332. Marriages between persons either of whom has a husband
34or wife spouse living are void, but, if the parties live and
35cohabit together after the death or divorce of the former
-2-1husband or wife spouse, such marriage shall be valid.
2 Sec. 3. NEW SECTION. 598.21 Marriage codification.
3Marriage is the legally recognized union of two eligible
4parties. Terms relating to the marital relationship or
5familial relationships shall be construed consistently with
6this section for purposes throughout the law, whether in the
7context of statute, administrative or court rule, government
8policy, common law, or any other provisions or source of civil
9or criminal law.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill provides that a party who otherwise meets the
14requirements of Code chapter 595 (marriage) for a valid
15marriage is eligible to marry any other such party regardless
16of gender.
17The bill provides for conforming changes in that Code
18chapter to include provisions relating to void marriages to be
19gender neutral.
20The bill also provides that marriage is the legally
21recognized union of two eligible parties and that terms
22relating to the marital relationship or familial relationships
23shall be construed consistently with this provision for
24purposes throughout the law, whether in the context of statute,
25administrative or court rule, government policy, common law, or
26any other provisions or source of civil or criminal law.
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