EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0083*
HOUSE BILL 83
D4 2lr0334
HB 242/21 – JUD (PRE–FILED) CF 2lr0338
By: Delegate Atterbeary
Requested: July 23, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Emancipation of a Minor and Authorization to Marry 2
FOR the purpose of authorizing a minor to file a petition for emancipation of a minor and 3
authorization to marry in the minor’s own name subject to certain requirements; 4
extending the jurisdiction of the equity court to include a petition for emancipation 5
of a minor and authorization to marry; altering the conditions under which an 6
individual who is 17 years old is authorized to marry; prohibiting an individual under 7
the age of 17 years from marrying; and generally relating to emancipation and 8
marriage of minors. 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 1–201(b), 2–301, 2–402(b), and 2–405(c) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY adding to 15
Article – Family Law 16
Section 5–2A–01 through 5–2A–05 to be under the new subtitle “Subtitle 2A. 17
Emancipation of a Minor and Authorization to Marry” 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Family Law 23
1–201. 24
2 HOUSE BILL 83
(b) An equity court has jurisdiction over: 1
(1) adoption of a child, except for a child who is under the jurisdiction of 2
any juvenile court and who previously has been adjudicated to be a child in need of 3
assistance; 4
(2) alimony; 5
(3) annulment of a marriage; 6
(4) divorce; 7
(5) custody or guardianship of a child except for a child who is under the 8
jurisdiction of any juvenile court and who previously has been adjudicated to be a child in 9
need of assistance; 10
(6) visitation of a child; 11
(7) legitimation of a child; 12
(8) paternity; 13
(9) support of a child; [and] 14
(10) custody or guardianship of an immigrant child pursuant to a motion for 15
Special Immigrant Juvenile factual findings requesting a determination that the child was 16
abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) 17
of the federal Immigration and Nationality Act; AND 18
(11) A PETITION FOR EMANC IPATION OF A MINOR A ND 19
AUTHORIZATION TO MARRY. 20
2–301. 21
(a) An individual [16 or] 17 years old may not marry unless: 22
[(1) the individual has the consent of a parent or guardian and the parent 23
or guardian swears that the individual is at least 16 years old; or 24
(2) if the individual does not have the consent of a parent or guardian, 25
either party to be married gives the clerk a certificate from a licensed physician, licensed 26
physician assistant, or certified nurse practitioner stating that the physician, physician 27
assistant, or nurse practitioner has examined the woman to be married and has found that 28
she is pregnant or has given birth to a child.] 29
(1) THE INDIVIDUAL PRESE NTS A CERTIFIED COPY OF AN ORDER 30 HOUSE BILL 83 3
GRANTING EMANCIPATIO N OF A MINOR AND AUT HORIZATION TO MARRY IN 1
ACCORDANCE WITH THE PROVISIONS OF TITLE 5, SUBTITLE 2A OF THIS ARTICLE TO 2
THE CLERK OF THE CIR CUIT COURT NOT EARLI ER THAN 15 DAYS AFTER THE ORDER 3
WAS ISSUED; AND 4
(2) THE OTHER PARTY TO B E MARRIED IS NOT MOR E THAN 4 YEARS 5
OLDER THAN THE INDIV IDUAL. 6
(b) [An individual 15 years old may not marry unless: 7
(1) the individual has the consent of a parent or guardian; and 8
(2) either party to be married gives the clerk a certificate from a licensed 9
physician, licensed physician assistant, or certified nurse practitioner stating that the 10
physician, physician assistant, or nurse practitioner has examined the woman to be 11
married and has found that she is pregnant or has given birth to a child. 12
(c)] An individual under the age of [15] 17 may not marry. 13
2–402. 14
(b) Except as provided in subsection (d) of this section, to apply for a license, 1 of 15
the parties to be married shall: 16
(1) appear before the clerk and give, under oath, the following information, 17
which shall be placed on an application form by the clerk: 18
(i) the full name of each party; 19
(ii) the place of residence of each party; 20
(iii) the age of each party; 21
(iv) whether the parties are related by blood or marriage and, if so, 22
in which degree of relationship; 23
(v) the marital status of each party; and 24
(vi) whether either party was married previously, and the date and 25
place of each death or judicial determination that ended any former marriage; 26
(2) sign the application form; and 27
(3) provide the clerk with: 28
(I) the Social Security number of each party who has a Social 29 4 HOUSE BILL 83
Security number; AND 1
(II) A COPY OF AN OFFICIA L GOVERNMENT –ISSUED BIRTH 2
CERTIFICATE OR OTHER OFFICIAL GOVERNMENT –ISSUED DOCUMENT OR R ECORD 3
DEMONSTRATING THE AG E OF EACH PARTY . 4
2–405. 5
(c) (1) If either party to be married is known to be of an age where [the 6
parental or guardian’s consent and oath, or the licensed physician’s certificate] A 7
CERTIFIED COPY OF AN ORDER GRANTING EMANC IPATION OF A MINOR A ND 8
AUTHORIZATION TO MAR RY, required by § 2–301 of this title, is required, the clerk shall 9
[obtain the consent and oath or the certificate] REVIEW THE CERTIFIED COPY OF THE 10
ORDER before issuing the license. 11
(2) [(i)] The clerk’s record required under this title shall include[: 12
1. the consent and oath required by § 2–301 of this title, if 13
written; or 14
2. the fact that consent was given and an oath was made, if 15
given and made in person. 16
(ii) The licensed physician’s certificate required by § 2–301 of this 17
title may not be made a part of the clerk’s record] A PHOTOCOPY OF THE C ERTIFIED 18
COPY OF THE ORDER GR ANTING EMANCIPATION OF A MINOR AND AUTHO RIZATION 19
TO MARRY REQUIRED UN DER § 2–301 OF THIS TITLE. 20
[(3) After an individual has been issued a license in accordance with the 21
provisions of this subtitle, the clerk who issued the license shall seal the licensed 22
physician’s certificate. Except on order of the court, the licensed physician’s certificate shall 23
remain sealed.] 24
SUBTITLE 2A. EMANCIPATION OF A MINOR AND AUTHORIZATION TO MARRY. 25
5–2A–01. 26
(A) A MINOR WHO IS 17 YEARS OLD MAY FILE A PETITION IN THE MINO R’S 27
OWN NAME FOR EMANCIP ATION OF A MINOR AND AUTHORIZATION TO MAR RY IN THE 28
CIRCUIT COURT FOR TH E COUNTY IN WHICH TH E MINOR RESIDES . 29
(B) A PETITION FOR EMANCIP ATION OF A MINOR AND AUTHORIZATION TO 30
MARRY SHALL CONTAIN THE FOLLOWING : 31
(1) THE PETITIONER ’S FULL NAME , GENDER, DATE OF BIRTH , AND 32 HOUSE BILL 83 5
ADDRESS, INCLUDING THE LENGTH OF TIME THE PETITION ER HAS RESIDED AT TH E 1
ADDRESS; 2
(2) THE INTENDED SPOUSE ’S FULL NAME, GENDER, DATE OF BIRTH , 3
AND ADDRESS , INCLUDING THE LENGTH OF TIME THE INTENDED SPOUSE HAS 4
RESIDED AT THE ADDRE SS; 5
(3) A STATEMENT EXPLAINI NG HOW THE PARTIES M ET AND HOW 6
LONG THEY HAVE KNOWN EACH OTHER; 7
(4) A COPY OF ANY CRIMIN AL RECORDS CONCERNIN G EITHER PARTY 8
AND A COPY OF ANY PEACE ORDER O R PROTECTIVE ORDER I SSUED AGAINST EITHER 9
PARTY; AND 10
(5) EVIDENCE THAT THE MI NOR IS MATURE AND CA PABLE OF 11
SELF–SUFFICIENCY AND SELF –SUPPORT INDEPENDENT OF THE MINOR’S PARENTS, 12
GUARDIAN, OR INTENDED SPOUSE . 13
5–2A–02. 14
ON THE FILING O F A PETITION FOR EMA NCIPATION OF A MINOR AND 15
AUTHORIZATION TO MAR RY, A COURT SHALL : 16
(1) APPOINT A LAWYER WIT H FAMILY LAW EXPERIE NCE TO 17
REPRESENT THE PETITI ONER; 18
(2) SET AN EVIDENTIARY H EARING ON THE PETITI ON; AND 19
(3) PROVIDE THE MINOR WI TH THE FOLLOWING: 20
(I) INFORMATION ON THE R IGHTS AND RESPONSIBI LITIES OF 21
AN EMANCIPATED MINOR AND PARTIES TO A MAR RIAGE; 22
(II) REFERRAL INFORMATION FOR LEGAL AID AGENCI ES; AND 23
(III) INFORMATION ON STATE AND NATIONAL HO TLINES FOR 24
CHILD ABUSE, DOMESTIC VIOLENCE, SEXUAL ASSAULT , AND HUMAN TRAFFICKIN G. 25
5–2A–03. 26
(A) AT THE HEARING , THE COURT SHALL COND UCT AN IN CAMERA 27
INTERVIEW OF THE PET ITIONER SEPARATE FRO M THE PETITIONER ’S PARENTS OR 28
GUARDIANS AND INTEND ED SPOUSE. 29
6 HOUSE BILL 83
(B) (1) NEITHER THE WISHES OF THE PARENTS OR LEGAL GUAR DIANS OF 1
THE PETITIONER NOR T HE FACT THAT THE PET ITIONER OR THE INTEN DED SPOUSE 2
OF THE PETITIONER IS PREGNANT IS SUFFICIE NT EVIDENCE TO DETER MINE THAT 3
MARRIAGE IS IN THE B EST INTEREST OF THE PETITIONER. 4
(2) THERE IS A REBUTTABLE PRESUMPTION THAT EMANCIP ATION 5
AND MARRIAGE ARE NOT IN THE BEST INTEREST S OF THE PETITIONER IF ALL THE 6
PARENTS OR GUARDIANS OF THE PETITIONER OP POSE THE PETITION . 7
(C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , AFTER A HEARING, A 8
COURT MAY ISSUE AN O RDER GRANT ING EMANCIPATION OF A MINOR AND 9
AUTHORIZATION TO MAR RY IF THE COURT MAKE S WRITTEN FINDINGS T HAT: 10
(1) THE PETITIONER IS A COUNTY RESIDENT WHO IS AT LEAST 17 11
YEARS OLD; 12
(2) THE INTENDED SPOUSE OF THE PETITIONER IS NOT MORE THAN 4 13
YEARS OLDER THAN THE PETITIONER; 14
(3) THE PETITIONER SEEKS TO MARRY VOLUNTARILY AND FREE 15
FROM FORCE , COERCION, AND FRAUD; AND 16
(4) THE PETITIONER IS MA TURE AND CAPABLE OF 17
SELF–SUFFICIENCY AND SELF –SUPPORT. 18
(D) A COURT MAY DENY A PET ITION FOR THE EMANCI PATION OF A MINOR 19
AND AUTHORIZATION TO MARRY IF THE COURT M AKES A WRITTEN FINDI NG THAT 20
EMANCIPATION AND MAR RIAGE ARE NOT IN THE BEST INTEREST OF THE 21
PETITIONER. 22
(E) A COURT MAY NOT ISSUE AN ORDER GRANTING EM ANCIPATION OF A 23
MINOR AND AUTHORIZAT ION TO MARRY UNDER T HIS SECTION IF THE COURT 24
DETERMINES THAT : 25
(1) THE INTENDED SPOUSE OF THE PETITIONER : 26
(I) AT ANY TIME HAS BEEN IN A POSITION OF AUT HORITY OVER 27
THE PETITIONER OR IN A POSITION OF SPECIA L TRUST WITH THE PET ITIONER OR 28
HAS HAD A PROFESSION AL RELATIONSHIP WITH THE PETITIONER; OR 29
(II) HAS BEEN CONVICTED O R ADJUDICATED DELINQ UENT FOR: 30
1. ANY CRIME AGAINST A MINOR; 31
HOUSE BILL 83 7
2. A CRIME OF VIOLENCE UNDER § 14–101 OF THE 1
CRIMINAL LAW ARTICLE; 2
3. A SEXUAL CRIME UNDER TITLE 3, SUBTITLE 3 OF THE 3
CRIMINAL LAW ARTICLE; OR 4
4. HUMAN TRAFFICKING UN DER TITLE 3, SUBTITLE 11 5
OF THE CRIMINAL LAW ARTICLE; 6
(2) ONE PARTY IS PREGNAN T OR HAS A CHILD WIT H THE OTHER 7
PARTY THAT EVIDENCES THAT THE PETITIONER WAS THE VICTIM OF A SEXUAL 8
CRIME COMMITTED BY T HE INTENDED SPOUSE ; OR 9
(3) A PROTECTIVE ORDER O R PEACE ORDER WAS IS SUED AGAINST 10
THE INTENDED SPOUSE OF THE PETITIONER , REGARDLESS OF WHETHE R THE 11
PETITIONER WAS THE P ERSON TO BE PROTECTE D. 12
5–2A–04. 13
(A) ON THE ISSUANCE OF AN ORDER GRANTING EMANC IPATION OF A MINOR 14
AND AUTHORIZATION TO MARRY , THE CLERK OF THE COU RT SHALL PROVIDE A 15
CERTIFIED COPY OF TH E ORDER TO THE PETIT IONER. 16
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 17
AN ORDER OF EMANCIPA TION SHALL HAVE THE SAME EFFECT AS THE P ETITIONER 18
REACHING THE AGE OF MAJORITY AND SHALL CONFER ON THE PETITIONER ALL OF 19
THE RIGHTS AND RESPO NSIBILITIES OF LEGAL ADULTHOOD . 20
(2) AN ORDER OF EMANCIPAT ION DOES NOT SUPERSE DE AGE 21
REQUIREMENTS FOR : 22
(I) VOTING; 23
(II) THE PURCHASE , POSSESSION, OR CONSUMPTION OF 24
ALCOHOLIC BEVERAGES ; 25
(III) THE PURCHASE , POSSESSION, OR CONSUMPTION OF 26
TOBACCO PRODUCTS OR ELECTRONIC CIGARETTE S; 27
(IV) COMPULSORY SCHOOL AT TENDANCE; OR 28
(V) HEALTH AND SAFETY RE GULATIONS INCLUDING 29
WORKPLACE REGULATION S DESIGNED TO PROTEC T INDIVIDUALS UNDER THE AGE 30
OF 18 YEARS. 31 8 HOUSE BILL 83
5–2A–05. 1
THE COURT OF APPEALS MAY ADOPT RUL ES TO IMPLEMENT THE PROVISIONS 2
OF THIS SUBTITLE. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. 5