Text of IA HF 253 (2015)

House File 253 - Introduced HOUSE FILE BY MASCHER A BILL FOR 1 An Act relating to eligible parties to a valid marriage. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2164YH (2) 86 pf/nh PAG LIN 1 1 Section 1. Section 595.2, Code 2015, is amended to read as 1 2 follows: 1 3 595.2 Gender == age Eligible parties to a marriage == age. 1 4 1. Only a marriage between a male and a female is valid 1 5 A party who otherwise meets the requirements of this chapter 1 6 for a valid marriage is eligible to marry any other such party 1 7 regardless of gender. 1 8 2. Additionally, a A marriage between a male and a female 1 9 two eligible parties is valid only if each is eighteen years 1 10 of age or older. However, if either or both of the parties 1 11 have not attained that age, the marriage may be valid under the 1 12 circumstances prescribed in this section. 1 13 3. If either party to a marriage falsely represents the 1 14 party's self to be eighteen years of age or older at or before 1 15 the time the marriage is solemnized, the marriage is valid 1 16 unless the person who falsely represented their age chooses to 1 17 void the marriage by making their true age known and verified 1 18 by a birth certificate or other legal evidence of age in an 1 19 annulment proceeding initiated at any time before the person 1 20 reaches their eighteenth birthday. A child born of a marriage 1 21 voided under this subsection is legitimate. 1 22 4. A marriage license may be issued to a male and a female 1 23 two eligible parties either or both of whom are sixteen or 1 24 seventeen years of age if both of the following apply: 1 25 a. The parents of the underage party or parties certify 1 26 in writing that they consent to the marriage. If one of the 1 27 parents of any underage party to a proposed marriage is dead 1 28 or incompetent the certificate may be executed by the other 1 29 parent, if both parents are dead or incompetent the guardian 1 30 of the underage party may execute the certificate, and if 1 31 the parents are divorced the parent having legal custody may 1 32 execute the certificate; and. 1 33 b. The certificate of consent of the parents, parent, or 1 34 guardian is approved by a judge of the district court or, 1 35 if both parents of any underage party to a proposed marriage 2 1 are dead, incompetent, or cannot be located and the party has 2 2 no guardian, the proposed marriage is approved by a judge 2 3 of the district court. A judge shall grant approval under 2 4 this subsection only if the judge finds the underage party or 2 5 parties capable of assuming the responsibilities of marriage 2 6 and that the marriage will serve the best interest of the 2 7 underage party or parties. Pregnancy alone does not establish 2 8 that the proposed marriage is in the best interest of the 2 9 underage party or parties, however, if pregnancy is involved 2 10 the court records which pertain to the fact that the female is 2 11 pregnant shall be sealed and available only to the parties to 2 12 the marriage or proposed marriage or to any interested party 2 13 securing an order of the court. 2 14 5. If a parent or guardian withholds consent, the judge upon 2 15 application of a party to a proposed marriage shall determine 2 16 if the consent has been unreasonably withheld. If the judge so 2 17 finds, the judge shall proceed to review the application under 2 18 subsection 4, paragraph "b". 2 19 Sec. 2. Section 595.19, Code 2015, is amended to read as 2 20 follows: 2 21 595.19 Void marriages. 2 22 1. Marriages between the following persons who are related 2 23 by blood are void: 2 24 a. Between a man and his father's sister, mother's sister, 2 25 daughter, sister, son's daughter, daughter's daughter, 2 26 brother's daughter, or sister's daughter. 2 27 b. Between a woman and her father's brother, mother's 2 28 brother, son, brother, son's son, daughter's son, brother's 2 29 son, or sister's son. 2 30 a. Between a party and the party's aunt or uncle, child, 2 31 grandchild, sibling, niece, or nephew. 2 32 c. b. Between first cousins. 2 33 2. Marriages between persons either of whom has a husband 2 34 or wife spouse living are void, but, if the parties live and 2 35 cohabit together after the death or divorce of the former 3 1 husband or wife spouse, such marriage shall be valid. 3 2 Sec. 3. NEW SECTION. 595.21 Marriage codification. 3 3 Marriage is the legally recognized union of two eligible 3 4 parties. Terms relating to the marital relationship or 3 5 familial relationships shall be construed consistently with 3 6 this section for all purposes throughout the law, whether 3 7 in the context of statute, administrative or court rule, 3 8 government policy, common law, or any other provisions or 3 9 source of civil or criminal law. 3 10 EXPLANATION 3 11 The inclusion of this explanation does not constitute agreement with 3 12 the explanation's substance by the members of the general assembly. 3 13 This bill provides that a party who otherwise meets the 3 14 requirements of Code chapter 595 (marriage) for a valid 3 15 marriage is eligible to marry any other such party regardless 3 16 of gender. 3 17 The bill provides for conforming changes in that Code 3 18 chapter to include provisions relating to void marriages to be 3 19 gender neutral. 3 20 The bill also provides that marriage is the legally 3 21 recognized union of two eligible parties and that terms 3 22 relating to the marital relationship or familial relationships 3 23 shall be construed consistently with this provision for all 3 24 purposes throughout the law, whether in the context of statute, 3 25 administrative or court rule, government policy, common law, or 3 26 any other source of civil or criminal law. LSB 2164YH (2) 86 pf/nh