HB 1418

  • Indiana House Bill
  • 2020 Regular Session
  • Introduced in House
  • House
  • Senate
  • Governor

Minimum age to marry.

Bill Subjects

Marriage And Family Law

Abstract

Amends the definition of "adult" for purposes of the Indiana Code to include: (1) a married minor who is at least 16 years of age; and (2) a minor who has been completely emancipated by a court; subject to specific constitutional and statutory age requirements and health and safety regulations that remain applicable to the person because of the person's age. Raises the minimum age to marry from 15 years of age to 17 years of age. Provides that an individual 17 years of age may marry only if: (1) the individual's intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual's application for a marriage license. Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual's parent or guardian. Specifies a process an individual 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition. Provides that a court that issues an order allowing an individual 17 years of age to marry must also issue an order completely emancipating the individual. Amends the list of records or documents an individual may submit to a court clerk as proof of the individual's date of birth for purposes of applying for a marriage license. Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor's petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor's petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor's petition for emancipation only if the court finds that emancipation is in the child's best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation. Provides that an emancipated child remains subject to: (1) Indiana law concerning minimum age for marriage; and (2) other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age. Specifies certain provisions concerning the relocation of a child. Makes conforming amendments.

Bill Sponsors (3)

Votes


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Actions


Jan 28, 2020

House

Committee report: amend do pass, adopted

House

Representative Austin added as coauthor

House

Representative Schaibley added as coauthor

Jan 15, 2020

House

Authored by Representative Engleman

House

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

Bill Text

Bill Text Versions Format
Introduced House Bill (H) PDF
House Bill (H) PDF

Related Documents

Document Format
Fiscal Note: HB1418.02.COMH.FN001 PDF
Floor Amendment: HB1418.02.COMH.AMH001 PDF
Floor Amendment: HB1418.02.COMH.AMH002 PDF
Committee Report: HB1418.01.INTR.CRH001 PDF
Fiscal Note: HB1418.01.INTR.FN001 PDF
Committee Amendment: HB1418.01.INTR.AMH01 PDF

Sources

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