The original instrument was prepared by Xavier Alexander. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Michael Bell.
DIGEST
SB 172 Reengrossed 2019 Regular Session Colomb
Proposed law prohibits a minor under the age of 16 from entering into a contract of marriage and
prohibits a minor 16 or 17 years of age from entering into a contract of marriage with a person of the
age of majority where there is an age difference of four years or greater between them.
Present law provides that a marriage contracted by a party in good faith produces civil effects in
favor of a child of the parties. Further provides that a purported marriage between the parties of the
same sex does not produce any civil effects.
Proposed law retains present law, when the cause of the nullity is another reason, and provides that
when the cause of the nullity is an impediment of age, the marriage produces civil effects in favor
of a child of the parties.
Present law provides that a minor is fully emancipated by marriage, that termination of the marriage
does not affect emancipation by marriage and that emancipation by marriage may not be modified
or terminated.
Proposed law retains present law for a minor 16 or 17 years of age.
Present law provides that unless fully emancipated, a minor may not enter into a matrimonial
agreement without the written concurrence of his father and mother, or of the parent having his legal
custody, or of the tutor of his person.
Proposed law provides that a minor under the age of 16 may not enter into a matrimonial agreement.
Further provides that a minor 16 or 17 years of age may not enter into a matrimonial agreement
without the written concurrence of his father and mother, or of the parent having his legal custody,
or of the tutor of his person.
Present law authorizes the state registrar of vital records, or a judge of the city court, in the Parish
of Orleans; the clerk of court, in any other parish; or a district judge, if the clerk of court is a party
to the marriage to issue marriage licenses.
Proposed law retains present law and prohibits the issuance of a marriage license for a minor under
the age of 16. Further prohibits the issuance of a marriage license for a minor of the age of 16 or 17
where there is an age difference of four years or greater between the persons seeking the marriage
license.
Present law prohibits an officiant from performing a marriage ceremony in which a minor is a party unless the minor has the written consent to marry of either both parents, the tutor of his person, a
person who has been awarded custody of the minor, or the juvenile court as provided by law.
Present law provides that a minor under the age of 16 shall also obtain written authorization to marry
from the judge of the court exercising juvenile jurisdiction in the parish in which the minor resides
or the marriage ceremony is to be performed.
Proposed law prohibits an officiant from performing a marriage ceremony in which a minor 16 or
older is a party unless the minor has the written consent to marry of either both parents, the tutor of
his person, a person who has been awarded custody of the minor, or the juvenile court as provided
by law. Proposed law further prohibits the performance of a marriage ceremony for a minor under
the age of 16.
Present law provides for judicial authorization upon application by the minor, for the marriage when
there is a compelling reason why the marriage should take place.
Proposed law provides for judicial authorization upon application by a minor of the age of 16 or 17,
for the marriage when there is a compelling reason why the marriage should take place. Further
provides that no marriage shall be authorized for a minor under the age of 16.
Effective August 1, 2019.
(Amends C.C. Arts. 96, 367, and 2333, R.S. 9:221, Ch. C. Arts. 1545 and 1547; adds C.C. Art. 90.1)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill
1. Prohibits a minor under the age of sixteen from entering into a contract of marriage
and prohibits a minor sixteen or seventeen years of age from entering into a contract
of marriage with a person of the age of majority where there is an age difference of
four years or greater between them.
2. Provides that when the cause of the nullity is an impediment of age, the marriage
produces civil effects in favor of a child of the parties.
3. Mandates that a minor sixteen or seventeen years of age is fully emancipated by
marriage.
4. Provides that a minor under the age of sixteen may not enter into a matrimonial
agreement. Further provides that a minor sixteen or seventeen years of age may not
enter into a matrimonial agreement without the written concurrence of his father and
mother, or of the parent having his legal custody, or of the tutor of his person. 5. Prohibits the issuance of a marriage license for a minor under the age of sixteen.
Further prohibits the issuance of a marriage license for a minor of the age of sixteen
or seventeen where there is an age difference of four years or greater between the
persons seeking the marriage license.
6. Prohibits an officiant from performing a marriage ceremony in which a minor sixteen
or older is a party unless the minor has the written consent to marry of either both
parents, the tutor of his person, a person who has been awarded custody of the minor,
and the juvenile court as provided by law.
7. Provides for judicial authorization upon application by a minor of the age of sixteen
or seventeen, for the marriage when there is a compelling reason why the marriage
should take place, however no marriage shall be authorized for a minor under the age
of sixteen.