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