RDCSB172 3645 3316
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 172 Reengrossed 2019 Regular Session Colomb
Proposed law prohibits a minor under 16 years of age 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 greater than
two years 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 16 years of age 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 16 years of age. Further prohibits the issuance of a marriage license for a minor 16
or 17 years of age where there is an age difference of greater than two years 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 16 years of age 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 years of age 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.
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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 16 or 17 years
of age, 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 16 years of
age.
Effective August 1, 2019.
(Amends C.C. Arts. 96, 367, and 2333, R.S. 9:221, and 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the reengrossed bill:
1. Reduce the permitted age difference between the parties to the marriage from
four years to two years.
2. Make technical changes.
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