7 Jennifer Dailey-Provost
8 Karen Kwan
Carol Spackman Moss
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:
21 Other Special Clauses:
23 Utah Code Sections Affected:
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
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:
40 individual marrying has not been divorced;
42 under 18 years [
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[
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 [
59 (1) that would be prohibited and declared void in this state, under Subsection
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 [
66 after an application [
67 following information:
68 (a) the full names of the [
69 bachelor name of [
70 (b) the [
72 (c) the current address of each [
73 (d) the date and place of birth [
75 (e) the names of [
76 of [
77 (f) the birthplaces of [
78 or city, county, state or country, if possible[
79 (g) the distinctive race or nationality of each of the respective parents.
80 (2) If [
81 (3) If one or both of the parties is [
82 provide [
83 to be presented to the juvenile court to obtain the authorization required by Section 30-1-9.
84 (4) (a) The [
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 [
89 Recovery Services within the Department of Human Services.
90 (c) The Office of Recovery Services may not use [
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
96 (1) For purposes of this section, "minor" means [
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) [
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[
119 be waived if premarital counseling is not reasonably available.
120 (c) The judge or court commissioner may require:
121 (i) that the [
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
129 Section 5. Section 30-1-13 is amended to read:
130 30-1-13. Solemnization without license -- Penalty.
131 If [
132 either party is [
133 juvenile court, [
134 Section 6. Section 30-1-14 is amended to read:
135 30-1-14. Acting without authority -- Penalty.
137 (1) knowingly solemnizes a marriage in violation of [
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
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 [
148 marriage, but when one of the parties was under [
149 the marriage, the other party, being of proper age, [
150 proceeding for that cause against the party under [
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 [
159 through 30-1-17.4, the provisions of this code regarding marriage by a person or persons under
162 parties or their children, to refuse the annulment. The refusal [
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
192 (g) the treatment or commitment of a minor who has an intellectual disability;
193 (h) the judicial consent to the marriage of a [
194 old upon a determination of voluntariness or where otherwise 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
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
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