H.B. 406

1

MARRIAGE LAW AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gene Davis
5 AN ACT RELATING TO HUSBAND AND WIFE; PROVIDING A DEFINITION;
6 MODIFYING SECTION TO ADDRESS CONSENT OF DIVORCED PARENTS FOR
7 MARRIAGE OF MINOR CHILD; REQUIRING PROOF OF IDENTITY, AND LEGAL
8 ENTRY BY NONCITIZENS, FOR PERSONS UNKNOWN TO THE CLERK; AND
9 MAKING TECHNICAL CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 30-1-9, as last amended by Chapter 144, Laws of Utah 1992
13 30-1-10, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 30-1-9 is amended to read:
16 30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
17 authorization.
18 (1) For purposes of this section, "minor" means a male or female under 18 years of age.
19 [(1)] (2) If at the time of applying for a license the [male or the female is under 18 years
20 of age] applicant is a minor, and not before married, a license may not be issued without:
21 (a) (i) the consent of [his or her] the minor's father, mother, or guardian [personally] given
22 [or certified] in [writing] person to the clerk over [his or her] the signature of the father, mother,
23 or guardian; [and] or
24 (ii) if the natural parents of the minor are divorced, consent must be granted by a parent
25 having physical custody of the minor as evidenced by presentation of a copy to the clerk of the
26 divorce decree specifying custody; and
27 (b) if under 16 years of age, the written authorization to marry from:

1 (i) a judge of the court exercising juvenile jurisdiction in the county where either party to
2 the marriage resides[. The written authorization may also be obtained from]; or
3 (ii) a court commissioner as permitted by rule of the Judicial Council.
4 [(2)] (3) Before issuing written authorization under Subsection (2)(b) for a minor to marry,
5 the judge or court commissioner shall ascertain that the minor is entering into the marriage
6 voluntarily. Any inquiry conducted by the judge or court commissioner may be conducted in
7 chambers.
8 [(3)] (4) The determination of voluntariness shall be made on the record. [Any inquiry
9 conducted by the judge may be conducted in chambers.]
10 Section 2. Section 30-1-10 is amended to read:
11 30-1-10. Application by persons unknown to clerk -- Proof of identity and legal
12 entry.
13 When the parties are not personally [unknown] known to the clerk, a marriage license shall
14 not [issue] be issued until [an affidavit is made before him, which shall be filed and preserved by
15 him, by a party applying for such license, showing that there is no lawful reason in the way of such
16 marriage. The party making such affidavit or any subscribing witness, if he falsely swears therein,
17 is guilty of perjury.]:
18 (1) the applicant provides positive proof of identity; and
19 (2) if the applicant is not a citizen of the United States, proof of legal entry into the United
20 States must be provided before a marriage license may be issued.




Legislative Review Note
as of 2-6-97 6:55 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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