First Substitute H.B. 48

Senator Lyle W. Hillyard proposes to substitute the following bill:

1 APPROVAL REQUIRED FOR MARRIAGE OF A MINOR
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carl R. Saunders
5 AN ACT RELATING TO HUSBAND AND WIFE; MODIFYING SECTION TO ADDRESS
6 CONSENT OF DIVORCED PARENTS FOR MARRIAGE OF A MINOR; REQUIRING
7 CONSENT TO BE GIVEN IN PERSON; DEFINING MINOR; CHANGING THE CONDITIONS
8 UNDER WHICH A PERSON UNDER THE AGE OF 18 MAY MARRY; AND MAKING
9 TECHNICAL AMENDMENTS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 30-1-2, as last amended by Chapter 14, Laws of Utah 1993, Second Special Session
13 30-1-9, as last amended by Chapter 144, Laws of Utah 1992
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 30-1-2 is amended to read:
16 30-1-2. Marriages prohibited and void.
17 The following marriages are prohibited and declared void:
18 (1) when there is a husband or wife living, from whom the person marrying has not been
19 divorced;
20 (2) when the male or female is under 18 years of age unless consent is obtained as
21 provided in Section 30-1-9 ;
22 (3) when the male or female is under 14 years of age or, beginning May 3, 1999, when the
23 male or female is under 16 years of age at the time the parties attempt to enter into the marriage,
24 however exceptions may be made for a person 15 years of age, under conditions set in accordance
25 with Section 30-1-9 ;

26 (4) between a divorced person and any person other than the one from whom the divorce
27 was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the
28 affirmance of the decree; and
29 (5) between persons of the same sex.
30 Section 2. Section 30-1-9 is amended to read:
31 30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
32 authorization.
33 (1) For purposes of this section, "minor" means a male or female under 18 years of age.
34 [(1)] (2) (a) If at the time of applying for a license the [male or the female is under 18 years
35 of age] applicant is a minor, and not before married, a license may not be issued without[: (a)]
36 the signed consent of [his or her] the minor's father, mother, or guardian [personally] given [or
37 certified] in [writing] person to the clerk [over his or her signature; and]; however:
38 (i) if the parents of the minor are divorced, consent shall be given by the parent having
39 legal custody of the minor as evidenced by presentation of a copy to the clerk of the divorce decree
40 specifying custody;
41 (ii) if the parents of the minor are divorced and have been awarded joint custody of the
42 minor, consent shall be given by the parent having physical custody of the minor the majority of
43 the time as evidenced by presentation of a copy to the clerk of the divorce decree specifying
44 custody; or
45 (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
46 consent.
47 (b) [if] If the male or female is under 16 years of age, the minor and their parent or
48 guardian shall obtain a written authorization to marry from:
49 (i) a judge of the court exercising juvenile jurisdiction in the county where either party to
50 the marriage resides[. The written authorization may also be obtained from]; or
51 (ii) a court commissioner as permitted by rule of the Judicial Council.
52 [(2)] (3) (a) Before issuing written authorization for a minor to marry, the judge [shall
53 ascertain] or court commissioner shall determine:
54 (i) that the minor is entering into the marriage voluntarily[.]; and
55 (ii) the marriage is in the best interests of the minor under the circumstances.
56 (b) The judge or court commissioner shall require that both parties to the marriage

57 complete premarital education. This requirement may be waived if premarital education is not
58 reasonably available.
59 (c) The judge or court commissioner may require:
60 (i) that the person continue to attend school, unless excused under Section 53A-11-102 ;
61 and
62 (ii) any other conditions that the court deems reasonable under the circumstances.
63 [(3)] (4) The determination [of voluntariness] required in Subsection (3) shall be made on
64 the record. Any inquiry conducted by the judge or commissioner may be conducted in chambers.