West Virginia 2022 Regular Session

West Virginia House Bill HB4435

Introduced
1/31/22  

Caption

Establishing that 18 is the age of consent and removing the ability of an underage person to obtaining a consent to marry through their parents, legal guardians, or by petition to the circuit court

Impact

The implications of HB 4435 are expected to be substantial, particularly in addressing instances of underage marriages which can lead to negative social consequences. By raising the legal age of marriage, the bill seeks to protect minors from potential coercion and exploitation. Additionally, it aims to minimize legal complexities surrounding the validity of underage marriages that had previously been permitted under specific conditions. Thus, the bill could also lead to a decrease in cases where young individuals find themselves in difficult or abusive situations related to marriage.

Summary

House Bill 4435 aims to establish the age of consent for marriage at 18 years, effectively prohibiting any individual under this age from marrying. The bill intends to repeal existing provisions that allow minors to obtain parental consent or judicial approval for marriage, thereby removing any pathways for underage individuals to legally marry. This legislation represents a significant shift in family law in West Virginia, reinforcing the notion that individuals must reach adulthood before entering into a legally binding marital relationship.

Sentiment

The sentiment surrounding HB 4435 appears largely supportive within advocacy groups and individuals concerned about the welfare of minors, who view the bill as a necessary step toward safeguarding youth. Proponents argue that the legislation reflects a broader commitment to protecting children from early marriage, which can have lasting implications on their education and well-being. However, there could be contention among those who believe that parental rights should allow flexibility in this domain, perhaps advocating for certain exceptions to the outright ban.

Contention

One notable point of contention regarding HB 4435 relates to parental autonomy versus government intervention in family matters. Advocates for the bill suggest that the state has a responsibility to protect minors from marrying too young, emphasizing the negative impacts that early marriages can have. On the other hand, critics may argue that the ability of parents or guardians to consent to their children's marriage should be respected, asserting that decisions regarding marriage are deeply personal and should ultimately rest with families rather than the state.

Companion Bills

WV SB224

Similar To Setting age of consent for marriage at 18

Previously Filed As

WV HB3018

Establishing that 18 is the age of consent and removing the ability of an underage person to obtaining a consent to marry through their parents, legal guardians, or by petition to the circuit court

WV SB224

Setting age of consent for marriage at 18

WV SB158

Prohibiting person under age of 18 from entering into marriage

WV HB4663

Creating a statutory right to petition circuit and family courts for sibling visitation

WV HB2917

To amend the section of child marriage under 18

WV HB5003

To amend the section of child marriage under 18

WV HB2046

Requiring all persons to be 18 years of age to be eligible to give consent for marriage and eliminating exceptions to such requirement.

WV SB575

Marriage: underage marriage.

WV HB2986

Creating a statutory right to petition circuit and family courts for sibling visitation

WV HB5053

Creating a statutory right to petition circuit and family courts for sibling visitation

Similar Bills

WV HB3018

Establishing that 18 is the age of consent and removing the ability of an underage person to obtaining a consent to marry through their parents, legal guardians, or by petition to the circuit court

TX HB126

Relating to an educational module certificate requirement for certain immunization exemptions; authorizing a fee.

TX HB1674

Relating to a physician counseling requirement for persons claiming an immunization exemption on the basis of conscience, including a religious belief.

TX HB241

Relating to a health care practitioner counseling requirement for persons claiming an immunization exemption on the basis of conscience, including a religious belief.

TX HB120

Relating to non-medical exemptions from immunization requirements.

TX HB2006

Relating to exemptions from immunization requirements for public school students and students at public institutions of higher education.

CT HB05366

An Act Concerning Court Operations.

MS HB1487

Vaccine exemption; authorize for religious, philosophical or conscientious reasons.