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Bill > HB1006


IN HB1006

IN HB1006
Minimum age to marry and emancipation of minors.


summary

Introduced
01/06/2020
In Committee
02/27/2020
Crossed Over
01/22/2020
Passed
03/04/2020
Dead
Signed/Enacted/Adopted
03/30/2020

Introduced Session

2020 Regular Session

Bill Summary

Minimum age to marry and emancipation of minors. Specifies that an "adult" is: (1) a person at least eighteen years of age; or (2) a: (A) married minor who is at least sixteen years of age; or (B) minor that has been completely emancipated by a court; for the purpose of marriage. Raises the minimum age to marry from 15 years of age to 16 years of age. Provides that an individual 16 or 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 16 or 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 at least 16 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. Makes conforming amendments.

AI Summary

This bill makes several changes to Indiana's laws regarding the minimum age to marry and the emancipation of minors. The key provisions are: 1. It raises the minimum age to marry from 15 to 16 years old, and requires those aged 16 or 17 to get court approval and complete premarital counseling before getting married. The court must find the marriage is voluntary and in the best interests of the minor. 2. It repeals the requirement for minors under 18 to obtain parental or guardian consent to marry. 3. It establishes a process for 16 or 17 year olds to petition a juvenile court to be granted approval to marry and be completely emancipated, giving them the rights and responsibilities of an adult. The court must consider factors like the minor's maturity, ability to be self-sufficient, and whether the marriage would be in their best interests. 4. It makes conforming changes to laws regarding emancipation of minors, including requiring the court to appoint a guardian ad litem to investigate the minor's petition. 5. Overall, the bill aims to raise the minimum marriage age, require more oversight for minors seeking to marry, and grant complete emancipation in certain cases where it is found to be in the minor's best interests.

Committee Categories

Health and Social Services

Sponsors (33)

Last Action

Public Law 94 (on 03/30/2020)

bill text


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