EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0083*
HOUSE BILL 83
D4 2lr0334
HB 242/21 – JUD (PRE–FILED) CF SB 29
By: Delegate Atterbeary
Requested: July 23, 2021
Introduced and read first time: January 12, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2022
CHAPTER ______
AN ACT concerning 1
Family Law – Emancipation of a Minor and Authorization to Marry 2
Authorization for a Minor to Marry 3
FOR the purpose of authorizing a minor to file a petition for emancipation of a minor and 4
authorization to marry in the minor’s own name subject to certain requirements; 5
authorizing a married minor to file an action for divorce and sign contracts; 6
extending the jurisdiction of the equity court to include a petition for emancipation 7
of a minor and authorization for a minor to marry; altering the conditions under 8
which an individual who is 17 years old is authorized to marry; prohibiting an 9
individual under the age of 17 years from marrying; and generally relating to 10
emancipation and marriage of minors. 11
BY repealing and reenacting, with amendments, 12
Article – Family Law 13
Section 1–201(b), 2–301, 2–402(b), and 2–405(c) 14
Annotated Code of Maryland 15
(2019 Replacement Volume and 2021 Supplement) 16
BY adding to 17
Article – Family Law 18
Section 5–2A–01 through 5–2A–05 5–2A–06 to be under the new subtitle “Subtitle 19
2A. Emancipation of a Minor and Authorization to Marry Authorization for a 20
Minor to Marry” 21
Annotated Code of Maryland 22 2 HOUSE BILL 83
(2019 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Family Law 4
1–201. 5
(b) An equity court has jurisdiction over: 6
(1) adoption of a child, except for a child who is under the jurisdiction of 7
any juvenile court and who previously has been adjudicated to be a child in need of 8
assistance; 9
(2) alimony; 10
(3) annulment of a marriage; 11
(4) divorce; 12
(5) custody or guardianship of a child except for a child who is under the 13
jurisdiction of any juvenile court and who previously has been adjudicated to be a child in 14
need of assistance; 15
(6) visitation of a child; 16
(7) legitimation of a child; 17
(8) paternity; 18
(9) support of a child; [and] 19
(10) custody or guardianship of an immigrant child pursuant to a motion for 20
Special Immigrant Juvenile factual findings requesting a determination that the child was 21
abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) 22
of the federal Immigration and Nationality Act; AND 23
(11) A PETITION FOR EMANCIPATION OF A MINOR AND 24
AUTHORIZATION FOR A MINOR TO MARRY. 25
2–301. 26
(a) An individual [16 or] 17 years old may not marry unless: 27
HOUSE BILL 83 3
[(1) the individual has the consent of a parent or guardian and the parent 1
or guardian swears that the individual is at least 16 years old; or 2
(2) if the individual does not have the consent of a parent or guardian, 3
either party to be married gives the clerk a certificate from a licensed physician, licensed 4
physician assistant, or certified nurse practitioner stating that the physician, physician 5
assistant, or nurse practitioner has examined the woman to be married and has found that 6
she is pregnant or has given birth to a child.] 7
(1) THE INDIVIDUAL PRESE NTS A CERTIFIED COPY OF AN ORDER 8
GRANTING EMANCIPATION OF A MI NOR AND AUTHORIZATI ON TO MARRY IN 9
ACCORDANCE WITH THE PROVISIONS OF TITLE 5, SUBTITLE 2A OF THIS ARTICLE TO 10
THE CLERK OF THE CIR CUIT COURT NOT EARLI ER THAN 15 DAYS AFTER THE ORDER 11
WAS ISSUED; AND 12
(2) THE OTHER PARTY TO B E MARRIED IS NOT MOR E THAN 4 YEARS 13
OLDER THAN THE IN DIVIDUAL. 14
(b) [An individual 15 years old may not marry unless: 15
(1) the individual has the consent of a parent or guardian; and 16
(2) either party to be married gives the clerk a certificate from a licensed 17
physician, licensed physician assistant, or certified nurse practitioner stating that the 18
physician, physician assistant, or nurse practitioner has examined the woman to be 19
married and has found that she is pregnant or has given birth to a child. 20
(c)] An individual under the age of [15] 17 may not marry. 21
2–402. 22
(b) Except as provided in subsection (d) of this section, to apply for a license, 1 of 23
the parties to be married shall: 24
(1) appear before the clerk and give, under oath, the following information, 25
which shall be placed on an application form by the clerk: 26
(i) the full name of each party; 27
(ii) the place of residence of each party; 28
(iii) the age of each party; 29
(iv) whether the parties are related by blood or marriage and, if so, 30
in which degree of relationship; 31
4 HOUSE BILL 83
(v) the marital status of each party; and 1
(vi) whether either party was married previously, and the date and 2
place of each death or judicial determination that ended any former marriage; 3
(2) sign the application form; and 4
(3) provide the clerk with: 5
(I) the Social Security number of each party who has a Social 6
Security number; AND 7
(II) A COPY OF AN OFFICIA L GOVERNMENT –ISSUED BIRTH 8
CERTIFICATE OR OTHER OFFICIAL GOVERNMENT –ISSUED DOCUMENT OR R ECORD 9
DEMONSTRATING THE AG E OF EACH PARTY . 10
2–405. 11
(c) (1) If either party to be married is known to be of an age where [the 12
parental or guardian’s consent and oath, or the licensed physician’s certificate] A 13
CERTIFIED COPY OF AN ORDER GRANTING EMANCIPATION OF A MI NOR AND 14
AUTHORIZATION FOR A MINOR TO MARRY, required by § 2–301 of this title, is required, 15
the clerk shall [obtain the consent and oath or the certificate] REVIEW THE CERTIFIED 16
COPY OF THE ORDER before issuing the license. 17
(2) [(i)] The clerk’s record required under this title shall include[: 18
1. the consent and oath required by § 2–301 of this title, if 19
written; or 20
2. the fact that consent was given and an oath was made, if 21
given and made in person. 22
(ii) The licensed physician’s certificate required by § 2–301 of this 23
title may not be made a part of the clerk’s record] A PHOTOCOPY OF THE C ERTIFIED 24
COPY OF THE ORDER GR ANTING EMANCIPATION OF A MI NOR AND AUTHORIZATION 25
FOR A MINOR TO MARRY REQUIRED UN DER § 2–301 OF THIS TITLE. 26
[(3) After an individual has been issued a license in accordance with the 27
provisions of this subtitle, the clerk who issued the license shall seal the licensed 28
physician’s certificate. Except on order of the court, the licensed physician’s certificate shall 29
remain sealed.] 30
SUBTITLE 2A. EMANCIPATION OF A MINOR AND AUTHORIZATION TO MARRY 31
AUTHORIZATION FOR A MINOR TO MARRY. 32 HOUSE BILL 83 5
5–2A–01. 1
(A) A MINOR WHO IS 17 YEARS OLD MAY FILE A PETITION IN THE MINO R’S 2
OWN NAME FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN THE 3
CIRCUIT COURT FOR TH E COUNTY IN WHICH TH E MINOR RESIDES . 4
(B) A PETITION FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO 5
MARRY SHALL CONTAIN THE FOLLOWING : 6
(1) THE PETITIONER ’S FULL NAME , GENDER, DATE OF BIRTH , AND 7
ADDRESS, INCLUDING THE LENGTH OF TIME THE PETITION ER HAS RESIDED AT TH E 8
ADDRESS; 9
(2) THE INTENDED SPOUSE ’S FULL NAME, GENDER, DATE OF BIRTH , 10
AND ADDRESS , INCLUDING THE LENGTH OF TIME THE INTENDED SPOUSE HAS 11
RESIDED AT THE ADDRE SS; 12
(3) A STATEMENT EXPLAINI NG HOW THE PARTIES M ET AND HOW 13
LONG THEY HAVE KNOWN EACH OTHER; 14
(4) A COPY OF ANY CRIMIN AL RECORDS CONCERNIN G EITHER PARTY 15
AND A COPY OF ANY PE ACE ORDER OR PROTECT IVE ORDER ISSUED AGA INST EITHER 16
PARTY; AND 17
(5) EVIDENCE THAT THE MI NOR IS MATURE AND CA PABLE OF 18
SELF–SUFFICIENCY AND SELF –SUPPORT INDEPENDENT OF THE MINOR’S PARENTS, 19
GUARDIAN, LEGAL CUSTODIAN , OR INTENDED SPOUSE ; AND 20
(6) THE NAME AND LAST KN OWN ADDRESS OF EACH LIVING PARENT , 21
GUARDIAN, OR LEGAL CUSTODIAN OF THE PET ITIONER. 22
5–2A–02. 23
ON THE FILING OF A PE TITION FOR EMANCIPATION OF A MI NOR AND 24
AUTHORIZATION TO MAR RY, A COURT SHALL : 25
(1) APPOINT A LAWYER WIT H FAMILY LAW EXPERIE NCE TO 26
REPRESENT THE PETITI ONER; 27
(2) SET AN EVIDENTIARY H EARING ON THE PETITION; AND 28
(3) PROVIDE THE MINOR WI TH THE FOLLOWING : 29
6 HOUSE BILL 83
(I) INFORMATION ON THE R IGHTS AND RESPONSIBI LITIES OF 1
AN EMANCIPATED MINOR AND: 2
1. A MINOR GRANTED AUTH ORIZATION TO MARRY 3
UNDER THIS SUBTITLE , INCLUDING THE RIGHT TO DIVORCE AND ENTER INTO 4
CONTRACTS; AND 5
2. PARTIES TO A MARRIAG E; 6
(II) REFERRAL INFORMATION FOR LEGAL AID AGENCI ES; AND 7
(III) INFORMATION ON STATE AND NATIONAL HO TLINES FOR 8
CHILD ABUSE, DOMESTIC VIOLENCE , SEXUAL ASSAULT , AND HUMAN TRAFFICKIN G; 9
AND 10
(IV) INFORMATION RELATED TO IMPACTS AND OUTCO MES OF 11
CHILD MARRIAGE IN TH E UNITED STATES; AND 12
(4) NOTIFY EACH LIVING P ARENT, GUARDIAN, OR LEGAL CUSTODIAN 13
WHOM THE COURT IS AB LE TO LOCATE OF THEI R RIGHT TO SUPPORT O R OPPOSE 14
THE PETITION. 15
5–2A–03. 16
(A) AT THE HEARING , THE COURT SHALL COND UCT AN IN CAMERA 17
INTERVIEW OF THE PET ITIONER SEPARATE FRO M THE PETITIONER ’S PARENTS OR, 18
GUARDIANS, OR LEGAL CUSTODIANS AND INTENDED SPOUSE . 19
(B) (1) NEITHER THE WISHES OF THE PARENTS OR, LEGAL GUARDIANS, 20
OR LEGAL CUSTOD IANS OF THE PETITIONER NO R THE FACT THAT THE PETITIONER 21
OR THE INTENDED SPOU SE OF THE PETITIONER IS PREGNANT IS SUFFI CIENT 22
EVIDENCE TO DETERMIN E THAT MARRIAGE IS I N THE BEST INTEREST OF THE 23
PETITIONER. 24
(2) THERE IS A REBUTTABLE PRESUMPTION THAT EMANCIPA TION 25
AND MARRIAGE ARE IS NOT IN THE BEST INTE RESTS OF THE PETITIO NER IF ALL THE 26
PARENTS OR, GUARDIANS, OR LEGAL CUSTODIANS OF THE PETITIONER OP POSE THE 27
PETITION. 28
(C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , AFTER A HEARING, A 29
COURT MAY ISSUE AN O RDER GRANTING EMANCIPATION OF A MI NOR AND 30
AUTHORIZATION TO MAR RY IF THE COURT MAKE S WRITTEN FINDINGS T HAT: 31
HOUSE BILL 83 7
(1) THE PETITIONER IS A COUNTY RESIDENT WHO IS AT LEAST 17 1
YEARS OLD; 2
(2) THE INTENDED SPOUSE OF THE PETITIONE R IS NOT MORE THAN 4 3
YEARS OLDER THAN THE PETITIONER; 4
(3) THE PETITIONER SEEKS TO MARRY VOLUNTARILY AND FREE 5
FROM FORCE , COERCION, AND FRAUD; AND 6
(4) THE PETITIONER IS MA TURE AND CAPABLE OF 7
SELF–SUFFICIENCY AND SELF –SUPPORT. 8
(D) A COURT MAY DENY A PETITION FOR THE EMANCIPATION OF A MI NOR 9
AND AUTHORIZATION TO MAR RY IF THE COURT MAKE S A WRITTEN FINDING THAT 10
EMANCIPATION AND MARRIAGE ARE IS NOT IN THE BEST INTE REST OF THE 11
PETITIONER. 12
(E) A COURT MAY NOT ISSUE AN ORDER GRANTING EMANCIPATION OF A 13
MINOR AND AUTHORIZATION TO MAR RY UNDER THIS SECTIO N IF THE COURT 14
DETERMINES THAT : 15
(1) THE INTENDED SPOUSE OF THE PETITIONER : 16
(I) AT ANY TIME HAS BEEN IN A POSITION OF AUT HORITY OVER 17
THE PETITIONER OR IN A POSITION OF SPECIA L TRUST WITH THE PETITIONER OR 18
HAS HAD A PROFESSION AL RELATIONSHIP WITH THE PETITIONER ; OR 19
(II) HAS BEEN CONVICTED O R ADJUDICATED DELINQ UENT FOR: 20
1. ANY CRIME AGAINST A MINOR; 21
2. A CRIME OF VIOLENCE UNDER § 14–101 OF THE 22
CRIMINAL LAW ARTICLE; 23
3. A SEXUAL CRIME UNDER TITLE 3, SUBTITLE 3 OF THE 24
CRIMINAL LAW ARTICLE; OR 25
4. HUMAN TRAFFICKING UN DER TITLE 3, SUBTITLE 11 26
OF THE CRIMINAL LAW ARTICLE; 27
(2) ONE PARTY IS PREGNAN T OR HAS A CHILD WIT H THE OTHER 28
PARTY THAT EVIDENCES THAT THE PETITIONER WAS THE VICTIM OF A SEXUAL 29
CRIME COMMITTED BY T HE INTENDED SPOUSE ; OR 30
8 HOUSE BILL 83
(3) A PROTECTIVE ORDER O R PEACE ORDER WAS IS SUED AGAINST 1
THE INTENDED SPOUSE OF THE PETITIONER , REGARDLESS OF WHETHE R THE 2
PETITIONER WAS THE P ERSON TO BE PROTECTE D. 3
5–2A–04. 4
(A) ON THE ISSUANCE OF AN ORDER GRANTING EMANCIPATION OF A MI NOR 5
AND AUTHORIZATION TO MAR RY, THE CLERK OF THE COU RT SHALL PROVIDE A 6
CERTIFIED COPY OF TH E ORDER TO THE PETIT IONER. 7
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 8
AN ORDER OF EMA NCIPATION SHALL HAVE THE SAME EFFECT AS T HE PETITIONER 9
REACHING THE AGE OF MAJORITY AND SHALL C ONFER ON THE PETITIO NER ALL OF 10
THE RIGHTS AND RESPO NSIBILITIES OF LEGAL ADULTHOOD . 11
(2) AN ORDER OF EMANCIPAT ION DOES NOT SUPERSE DE AGE 12
REQUIREMENTS FOR : 13
(I) VOTING; 14
(II) THE PURCHASE , POSSESSION, OR CONSUMPTION OF 15
ALCOHOLIC BEVERAGES ; 16
(III) THE PURCHASE , POSSESSION, OR CONSUMPTION OF 17
TOBACCO PRODUCTS OR ELECTRONIC CIGARETTE S; 18
(IV) COMPULSORY SCHOOL AT TENDANCE; OR 19
(V) HEALTH AND SAFETY REGULATIONS INCLUDIN G 20
WORKPLACE REGULATION S DESIGNED TO PROTEC T INDIVIDUALS UNDER THE AGE 21
OF 18 YEARS. 22
5–2A–05. 23
A MINOR WHO IS MARRIED MAY FILE AN ACTION F OR DIVORCE UNDER TITLE 24
7 OF THIS ARTICLE AND SIGN AND ENTER INTO CONTRACTS. 25
5–2A–05. 5–2A–06. 26
THE COURT OF APPEALS MAY ADOPT RUL ES TO IMPLEMENT THE PROVISIONS 27
OF THIS SUBTITLE. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2022. 30