H.E.A. 1006, P.L. 94
Effective: July 1, 2020
- 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 juvenilecourt 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
Read the bill at: http://iga.in.gov/legislative/2020/bills/house/1006