H.B. 48

1

APPROVAL REQUIRED FOR MARRIAGE OF A
2 MINOR
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carl R. Saunders
6 AN ACT RELATING TO HUSBAND AND WIFE; MODIFYING SECTION TO ADDRESS
7 CONSENT OF DIVORCED PARENTS FOR MARRIAGE OF A MINOR; REQUIRING
8 CONSENT TO BE GIVEN IN PERSON; DEFINING MINOR; AND MAKING TECHNICAL
9 AMENDMENTS.
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 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 30-1-9 is amended to read:
15 30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
16 authorization.
17 (1) For purposes of this section, "minor" means a male or female under 18 years of age.
18 [(1)] (2) If at the time of applying for a license the [male or the female is under 18 years
19 of age] applicant is a minor, and not before married, a license may not be issued without:
20 (a) the signed consent of [his or her] the minor's father, mother, or guardian [personally]
21 given [or certified] in [writing] person to the clerk [over his or her signature; and]; however:
22 (i) if the parents of the minor are divorced, consent shall be given by the parent having
23 legal custody of the minor as evidenced by presentation of a copy to the clerk of the divorce decree
24 specifying custody;
25 (ii) if the parents of the minor are divorced and have been awarded joint custody of the
26 minor, consent shall be given by the parent having physical custody of the minor the majority of
27 the time as evidenced by presentation of a copy to the clerk of the divorce decree specifying

28 custody; or
29 (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
30 consent; and
31 (b) if under 16 years of age, the written authorization to marry from:
32 (i) a judge of the court exercising juvenile jurisdiction in the county where either party to
33 the marriage resides[. The written authorization may also be obtained from]; or
34 (ii) a court commissioner as permitted by rule of the Judicial Council.
35 [(2)] (3) Before issuing written authorization for a minor to marry, the judge or court
36 commissioner shall ascertain that the minor is entering into the marriage voluntarily. If the clerk
37 has a question as to whether the parent giving consent to the marriage may validly do so, the judge
38 or court commissioner shall determine whether the parent providing the consent meets the
39 qualifications set out in Subsection (2).
40 [(3)] (4) The determination of voluntariness shall be made on the record. Any inquiry
41 conducted by the judge may be conducted in chambers.




Legislative Review Note
as of 12-29-98 9:22 AM

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

Office of Legislative Research and General Counsel