1     
MARRIAGE AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Angela Romero

5     
Senate Sponsor: Luz Escamilla

6     Cosponsors:
7     Jennifer Dailey-Provost
8     Karen Kwan
Carol Spackman Moss
Stephanie Pitcher
Lawanna Shurtliff
Andrew Stoddard
Mike Winder

9     

10     LONG TITLE
11     General Description:
12          This bill modifies provisions related to marriage.
13     Highlighted Provisions:
14          This bill:
15          ▸     imposes an age, below which an individual may not marry;
16          ▸     allows for court authorization and consent by a parent or guardian of a minor's
17     marriage in certain circumstances; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          30-1-2, as last amended by Laws of Utah 1999, Chapter 15
26          30-1-4, as last amended by Laws of Utah 1996, Chapter 83
27          30-1-8, as last amended by Laws of Utah 2004, Chapter 261
28          30-1-9, as last amended by Laws of Utah 2018, Chapter 415
29          30-1-13, as last amended by Laws of Utah 2001, Chapter 129
30          30-1-14, as last amended by Laws of Utah 2001, Chapter 129
31          30-1-17, as last amended by Laws of Utah 1971, Chapter 65
32          30-1-17.3, as enacted by Laws of Utah 1971, Chapter 65
33          78A-6-103, as last amended by Laws of Utah 2018, Chapter 415
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 30-1-2 is amended to read:
37          30-1-2. Marriages prohibited and void.
38          (1) The following marriages are prohibited and declared void:
39          [(1)] (a) when there is a [husband or wife] spouse living, from whom the [person]
40     individual marrying has not been divorced;
41          [(2)] (b) except as provided in Subsection (2), when the [male or female] applicant is
42     under 18 years [of age unless consent is obtained as provided in Section 30-1-9;] old; and
43          [(3) when the male or female is under 14 years of age or, beginning May 3, 1999, when
44     the male or female is under 16 years of age at the time the parties attempt to enter into the
45     marriage; however, exceptions may be made for a person 15 years of age, under conditions set
46     in accordance with Section 30-1-9;]
47          [(4)] (c) between a divorced [person] individual and any [person] individual other than
48     the one from whom the divorce was secured until the divorce decree becomes absolute, and, if
49     an appeal is taken, until after the affirmance of the decree[; and].
50          [(5) between persons of the same sex.]
51          (2) A marriage of an individual under 18 years old is not void if the individual:
52          (a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile
53     court authorization in accordance with Section 30-1-9; or
54          (b) lawfully marries before May 14, 2019.
55          Section 2. Section 30-1-4 is amended to read:
56          30-1-4. Validity of foreign marriages -- Exceptions.
57          A marriage solemnized in any other country, state, or territory, if valid where
58     solemnized, is valid [here] in this state, unless it is a marriage:
59          (1) that would be prohibited and declared void in this state, under Subsection
60     30-1-2(1)[, (3), or (5)] (a); or
61          (2) between parties who are related to each other within and including three degrees of
62     consanguinity, except as provided in Subsection 30-1-1(2).
63          Section 3. Section 30-1-8 is amended to read:
64          30-1-8. Application for license -- Contents.
65          (1) A marriage license may be issued [by the county clerk to a man and a woman] only
66     after an application [has been filed in his] is filed with the county clerk's office, requiring the
67     following information:
68          (a) the full names of the [man and the woman] applicants, including the maiden or
69     bachelor name of [the woman] each applicant;
70          (b) the [Social Security] social security numbers of the [parties] applicants, unless the
71     [party] applicant has not been assigned a number;
72          (c) the current address of each [party] applicant;
73          (d) the date and place of birth [(], including the town or city, county, state or country, if
74     possible[)];
75          (e) the names of [their] the applicants' respective parents, including the maiden name
76     of [the] a mother;
77          (f) the birthplaces of [fathers and mothers (] the respective parents, including the town
78     or city, county, state or country, if possible[)]; and
79          (g) the distinctive race or nationality of each of the respective parents.
80          (2) If [the] a woman is a widow, her maiden name shall be shown in brackets.
81          (3) If one or both of the parties is [under 16] 16 or 17 years of age, the clerk shall
82     provide [them] the parties with a standard petition on a form approved by the Judicial Council
83     to be presented to the juvenile court to obtain the authorization required by Section 30-1-9.
84          (4) (a) The [Social Security] social security numbers obtained under the authority of
85     this section may not be recorded on the marriage license, and are not open to inspection as a
86     part of the vital statistics files.
87          (b) The Department of Health, Bureau of Vital Records and Health Statistics shall,
88     upon request, supply [those Social Security] the social security numbers to the Office of
89     Recovery Services within the Department of Human Services.
90          (c) The Office of Recovery Services may not use [any Social Security numbers] a
91     social security number obtained under the authority of this section for any reason other than the
92     administration of child support services.
93          Section 4. Section 30-1-9 is amended to read:
94          30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
95     authorization.
96          (1) For purposes of this section, "minor" means [a male or female under 18 years of
97     age] an individual that is 16 or 17 years old.
98          (2) (a) If at the time of applying for a license the applicant is a minor, and not before
99     married, a license may not be issued without the signed consent of the minor's father, mother,
100     or guardian given in person to the clerk; however:
101          (i) if the parents of the minor are divorced, consent shall be given by the parent having
102     legal custody of the minor as evidenced by an oath of affirmation to the clerk;
103          (ii) if the parents of the minor are divorced and have been awarded joint custody of the
104     minor, consent shall be given by the parent having physical custody of the minor the majority
105     of the time as evidenced by an oath of affirmation to the clerk; or
106          (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
107     consent and provide proof of guardianship by court order as well as an oath of affirmation.
108          (b) [If the male or female is 15 years of age, the] The minor and the parent or guardian
109     of the minor shall obtain a written authorization to marry from:
110          (i) a judge of the court exercising juvenile jurisdiction in the county where either party
111     to the marriage resides; or
112          (ii) a court commissioner as permitted by rule of the Judicial Council.
113          (3) (a) Before issuing written authorization for a minor to marry, the judge or court
114     commissioner shall determine:
115          (i) that the minor is entering into the marriage voluntarily; and
116          (ii) the marriage is in the best interests of the minor under the circumstances.
117          (b) The judge or court commissioner shall require that both parties to the marriage
118     complete premarital counseling[. This], except the requirement for premarital counseling may
119     be waived if premarital counseling is not reasonably available.
120          (c) The judge or court commissioner may require:
121          (i) that the [person] minor continue to attend school, unless excused under Section
122     53G-6-204; and
123          (ii) any other conditions that the court deems reasonable under the circumstances.
124          (d) The judge or court commissioner may not issue a written authorization to the minor
125     if the age difference between both parties to the marriage is more than seven years.
126          (4) (a) The determination required in Subsection (3) shall be made on the record.
127          (b) Any inquiry conducted by the judge or commissioner may be conducted in
128     chambers.
129          Section 5. Section 30-1-13 is amended to read:
130          30-1-13. Solemnization without license -- Penalty.
131          If [any person] an individual knowingly solemnizes a marriage without a license, and if
132     either party is [under 16 years of age] 16 or 17 years old, without a written authorization from a
133     juvenile court, [he] the individual is guilty of a third degree felony.
134          Section 6. Section 30-1-14 is amended to read:
135          30-1-14. Acting without authority -- Penalty.
136          [A person] An individual is guilty of a third degree felony if [he] the individual:
137          (1) knowingly solemnizes a marriage in violation of [either] Section 30-1-6, 30-1-7, or
138     30-1-9.1;
139          (2) impersonates a parent or guardian of a minor to obtain a license for the minor to
140     marry; or
141          (3) forges the name of a parent or guardian of a minor on any writing purporting to
142     give consent to a marriage of a minor.
143          Section 7. Section 30-1-17 is amended to read:
144          30-1-17. Action to determine validity of marriage -- Judgment of validity or
145     annulment.
146          When there is doubt as to the validity of a marriage, either party may, in a court of
147     equity in a county where either party is domiciled, demand [its] avoidance or affirmance of the
148     marriage, but when one of the parties was under [the age of consent] 18 years old at the time of
149     the marriage, the other party, being of proper age, [shall have no such] does not have a
150     proceeding for that cause against the party under [age] 18 years old. The judgment in the action
151     shall either declare the marriage valid or annulled and shall be conclusive upon all persons
152     concerned with the marriage.
153          Section 8. Section 30-1-17.3 is amended to read:
154          30-1-17.3. Age as basis of action to determine validity of marriage -- Refusal to
155     grant annulment.
156          If an action to determine the validity of a marriage is commenced upon the ground that
157     one or both of the parties were prohibited from marriage because of their age, in addition to [all
158     of the foregoing provisions, the following shall apply: The] the application of Sections 30-1-17
159     through 30-1-17.4, the provisions of this code regarding marriage by a person or persons under
160     [the age of consent] 18 years old to the contrary notwithstanding, the court may[, in its
161     discretion,] refuse to grant an annulment if [it] the court finds that it is in the best interest of the
162     parties or their children, to refuse the annulment. The refusal [shall make] to annul under this
163     section makes the marriage valid and subsisting for all purposes.
164          Section 9. Section 78A-6-103 is amended to read:
165          78A-6-103. Jurisdiction of juvenile court -- Original -- Exclusive.
166          (1) Except as otherwise provided by law, the juvenile court has exclusive original
167     jurisdiction in proceedings concerning:
168          (a) a child who has violated any federal, state, or local law or municipal ordinance or a
169     person younger than 21 years of age who has violated any law or ordinance before becoming
170     18 years of age, regardless of where the violation occurred, excluding offenses:
171          (i) in Section 53G-8-211 until such time that the child is referred to the courts under
172     Section 53G-8-211; and
173          (ii) in Subsection 78A-7-106(2);
174          (b) a child who is an abused child, neglected child, or dependent child, as those terms
175     are defined in Section 78A-6-105;
176          (c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
177     Protective Orders, which the juvenile court may transfer to the district court if the juvenile
178     court has entered an ex parte protective order and finds that:
179          (i) the petitioner and the respondent are the natural parent, adoptive parent, or step
180     parent of the child who is the object of the petition;
181          (ii) the district court has a petition pending or an order related to custody or parent-time
182     entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
183     or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
184     respondent are parties; and
185          (iii) the best interests of the child will be better served in the district court;
186          (d) appointment of a guardian of the person or other guardian of a minor who comes
187     within the court's jurisdiction under other provisions of this section;
188          (e) the emancipation of a minor in accordance with Part 8, Emancipation;
189          (f) the termination of the legal parent-child relationship in accordance with Part 5,
190     Termination of Parental Rights Act, including termination of residual parental rights and
191     duties;
192          (g) the treatment or commitment of a minor who has an intellectual disability;
193          (h) the judicial consent to the marriage of a [child under age 16] minor 16 or 17 years
194     old upon a determination of voluntariness or where otherwise required by law[, employment, or
195     enlistment of a child when consent is required by law];
196          (i) any parent or parents of a child committed to a secure youth facility, to order, at the
197     discretion of the court and on the recommendation of a secure facility, the parent or parents of a
198     child committed to a secure facility for a custodial term, to undergo group rehabilitation
199     therapy under the direction of a secure facility therapist, who has supervision of that parent's or
200     parents' child, or any other therapist the court may direct, for a period directed by the court as
201     recommended by a secure facility;
202          (j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
203          (k) subject to Subsection (8), the treatment or commitment of a child with a mental
204     illness;
205          (l) the commitment of a child to a secure drug or alcohol facility in accordance with
206     Section 62A-15-301;
207          (m) a minor found not competent to proceed pursuant to Section 78A-6-1301;
208          (n) de novo review of final agency actions resulting from an informal adjudicative
209     proceeding as provided in Section 63G-4-402; and
210          (o) adoptions conducted in accordance with the procedures described in Title 78B,
211     Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
212     terminating the rights of a parent and finds that adoption is in the best interest of the child.
213          (2) (a) Notwithstanding Section 78A-7-106 and Subsection 78A-5-102(9), the juvenile
214     court has exclusive jurisdiction over the following offenses committed by a child:
215          (i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
216          (ii) Section 73-18-12, reckless operation; and
217          (iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
218     of a single criminal episode filed in a petition that contains an offense over which the court has
219     jurisdiction.
220          (b) A juvenile court may only order substance use disorder treatment or an educational
221     series if the minor has an assessed need for the intervention on the basis of the results of a
222     validated assessment.
223          (3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
224     referred to it by the Division of Child and Family Services or by public or private agencies that
225     contract with the division to provide services to that child when, despite earnest and persistent
226     efforts by the division or agency, the child has demonstrated that the child:
227          (a) is beyond the control of the child's parent, guardian, or lawful custodian to the
228     extent that the child's behavior or condition endangers the child's own welfare or the welfare of
229     others; or
230          (b) has run away from home.
231          (4) This section does not restrict the right of access to the juvenile court by private
232     agencies or other persons.
233          (5) The juvenile court has jurisdiction of all magistrate functions relative to cases
234     arising under Section 78A-6-702.
235          (6) The juvenile court has jurisdiction to make a finding of substantiated,
236     unsubstantiated, or without merit, in accordance with Section 78A-6-323.
237          (7) The juvenile court has jurisdiction of matters transferred to it by another trial court
238     pursuant to Subsection 78A-7-106(5) and subject to Section 53G-8-211.
239          (8) The court may commit a child to the physical custody of a local mental health
240     authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
241     18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
242     Hospital.