Maryland 2022 Regular Session

Maryland House Bill HB83 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 175
2	1
3		-	– 1 –
4		-	Chapter 175
5		-	(House Bill 83)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0083
8	10
9		-	Family Law – Emancipation of a Minor and Authorization to Marry
10		-	Authorization for a Minor to Marry Marriage of Minors
	11	+	HOUSE BILL 83
	12	+	D4 (2lr0334)
	13	+	ENROLLED BILL
	14	+	— Judiciary/Judicial Proceedings —
	15	+	Introduced by Delegate Atterbeary
11	16
12		-	FOR the purpose of authorizing a minor to file a petition for emancipation of a minor and
13		-	authorization to marry in the minor’s own name subject to certain requirements;
14		-	authorizing a married minor to file an action for divorce and sign contracts;
15		-	extending the jurisdiction of the equity court to include a petition for emancipation
16		-	of a minor and authorization for a minor to marry; altering the conditions under
17		-	which an individual who is 17 years old is authorized to marry; prohibiting an
18		-	individual under the age of 17 years from marrying; and generally relating to
19		-	emancipation and marriage of minors.
	17	+	Read and Examined by Proofreaders:
20	18
21		-	BY repealing and reenacting, with amendments,
22		-	Article – Family Law
23		-	Section 1–201(b), 2–301, 2–402(b), and 2–405(c)
24		-	Annotated Code of Maryland
25		-	(2019 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
26	23
27		-	BY adding to
28		-	Article – Family Law
29		-	Section 5–2A–01 through 5–2A–05 5–2A–06 to be under the new subtitle “Subtitle
30		-	2A. Emancipation of a Minor and Authorization to Marry Authorization for a
31		-	Minor to Marry”
32		-	Annotated Code of Maryland
33		-	(2019 Replacement Volume and 2021 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
34	25
35		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
36		-	That the Laws of Maryland read as follows:
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
37	27
38		-	Article – Family Law
	28	+	______________________________________________
	29	+	Speaker.
39	30
40		-	~~1–201.~~
	31	+	CHAPTER ______
41	32
42		-	~~(b)~~ An ~~equity court has jurisdiction over:~~
	33	+	AN ACT concerning 1
43	34
44		-	(1) adoption of a child, except for a child who is under the jurisdiction of
45		-	any juvenile court and who previously has been adjudicated to be a child in need of
46		-	assistance;
	35	+	Family Law – Emancipation of a Minor and Authorization to Marry 2
	36	+	Authorization for a Minor to Marry Marriage of Minors 3
47	37
48		-	(2) alimony;
49		-	Ch. 175 2022 LAWS OF MARYLAND
	38	+	FOR the purpose of authorizing a minor to file a petition for emancipation of a minor and 4
	39	+	authorization to marry in the minor’s own name subject to certain requirements; 5
	40	+	authorizing a married minor to file an action for divorce and sign contracts; 6
	41	+	extending the jurisdiction of the equity court to include a petition for emancipation 7
	42	+	of a minor and authorization for a minor to marry; altering the conditions under 8
	43	+	which an individual who is 17 years old is authorized to marry; prohibiting an 9
	44	+	individual under the age of 17 years from marrying; and generally relating to 10
	45	+	emancipation and marriage of minors. 11
50	46
51		-	– 2 –
52		-	(3) annulment of a marriage;
	47	+	BY repealing and reenacting, with amendments, 12
	48	+	Article – Family Law 13
	49	+	Section 1–201(b), 2–301, 2–402(b), and 2–405(c) 14 2 HOUSE BILL 83
53	50
54		-	(4) divorce;
55	51
56		-	(5) custody or guardianship of a child except for a child who is under the
57		-	jurisdiction of any juvenile court and who previously has been adjudicated to be a child in
58		-	need of assistance;
	52	+	Annotated Code of Maryland 1
	53	+	(2019 Replacement Volume and 2021 Supplement) 2
59	54
60		-	(6) visitation of a child;
	55	+	BY adding to 3
	56	+	Article – Family Law 4
	57	+	Section 5–2A–01 through 5–2A–05 5–2A–06 to be under the new subtitle “Subtitle 5
	58	+	2A. Emancipation of a Minor and Authorization to Marry Authorization for a 6
	59	+	Minor to Marry” 7
	60	+	Annotated Code of Maryland 8
	61	+	(2019 Replacement Volume and 2021 Supplement) 9
61	62
62		-	(7) legitimation of a child;
	63	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
	64	+	That the Laws of Maryland read as follows: 11
63	65
64		-	~~(8) paternity;~~
	66	+	Article – Family Law 12
65	67
66		-	~~(9) support of a child; [and]~~
	68	+	1–201. 13
67	69
68		-	(10) custody or guardianship of an immigrant child pursuant to a motion for
69		-	Special Immigrant Juvenile factual findings requesting a determination that the child was
70		-	abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J)
71		-	of the federal Immigration and Nationality Act; AND
	70	+	(b) An equity court has jurisdiction over: 14
72	71
73		-	(11) A PETITION FOR EMANCIPATION OF A MI NOR AND
74		-	AUTHORIZATION FOR A MINOR TO MARRY.
	72	+	(1) adoption of a child, except for a child who is under the jurisdiction of 15
	73	+	any juvenile court and who previously has been adjudicated to be a child in need of 16
	74	+	assistance; 17
75	75
76		-	2~~–301.~~
	76	+	(2) alimony; 18
77	77
78		-	(a) ~~An individual [16~~ ~~or] 17 years old may not marry unless:~~
	78	+	(3) annulment of a marriage; 19
79	79
80		-	[(1) (I) the individual has the consent of a parent or guardian and the
81		-	parent or guardian swears that the individual is at least 16 years old EACH LIVING
82		-	PARENT, GUARDIAN, OR LEGAL CUSTODIAN O F THE INDIVIDUAL ; or
	80	+	(4) divorce; 20
83	81
84		-	(2) (II) if the individual does not have the consent of a parent or
85		-	guardian REQUIRED UNDER ITEM (I) OF THIS ITEM, either party to be married gives the
86		-	clerk a certificate from a licensed physician, licensed physician assistant, or certified nurse
87		-	practitioner stating that the physician, physician assistant, or nurse practitioner has
88		-	examined the woman to be married and has found that she is pregnant or has given birth
89		-	to a child.]; AND
	82	+	(5) custody or guardianship of a child except for a child who is under the 21
	83	+	jurisdiction of any juvenile court and who previously has been adjudicated to be a child in 22
	84	+	need of assistance; 23
90	85
91		-	(1) (2) THE INDIVIDUAL PRESE NTS A CERTIFIED COPY OF AN
92		-	ORDER GRANTING EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN
93		-	ACCORDANCE WITH THE PROVISIONS OF TITLE 5, SUBTITLE 2A OF THIS ARTICLE TO
94		-	THE CLERK OF THE CIR CUIT COURT NOT EARLI ER THAN 15 DAYS AFTER THE ORDER
95		-	WAS ISSUED; AND
96		-	LAWRENCE J. HOGAN, JR., Governor Ch. 175
	86	+	(6) visitation of a child; 24
97	87
98		-	– 3 –
99		-	(2) THE OTHER PARTY TO B E MARRIED IS NOT MOR E THAN 4 YEARS
100		-	OLDER THAN THE INDIVIDUAL .
	88	+	(7) legitimation of a child; 25
101	89
102		-	(b) ~~[An individual 15 years old may not marry unless:~~
	90	+	(8) paternity; 26
103	91
104		-	(1) ~~the individual has the consent~~ of a ~~parent or guardian~~; and
	92	+	(9) support of a child; [and] 27
105	93
106		-	(2) either party to be married gives the clerk a certificate from a licensed
107		-	physician, licensed physician assistant, or certified nurse practitioner stating that the
108		-	physician, physician assistant, or nurse practitioner has examined the woman to be
109		-	married and has found that she is pregnant or has given birth to a child.
	94	+	(10) custody or guardianship of an immigrant child pursuant to a motion for 28
	95	+	Special Immigrant Juvenile factual findings requesting a determination that the child was 29
	96	+	abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) 30
	97	+	of the federal Immigration and Nationality Act; AND 31
	98	+	HOUSE BILL 83 3
110	99
111		-	(c)] An individual under the age of [15] 17 may not marry.
112	100
113		-	2–402.
	101	+	(11) A PETITION FOR EMANCIPATION OF A MI NOR AND 1
	102	+	AUTHORIZATION FOR A MINOR TO MARRY. 2
114	103
115		-	(b) Except as provided in subsection (d) of this section, to apply for a license, 1 of
116		-	the parties to be married shall:
	104	+	2–301. 3
117	105
118		-	(1) appear before the clerk and give, under oath, the following information,
119		-	which shall be placed on an application form by the clerk:
	106	+	(a) An individual [16 or] 17 years old may not marry unless: 4
120	107
121		-	(i) the full name of each party;
	108	+	[(1) (I) the individual has the consent of a parent or guardian and the 5
	109	+	parent or guardian swears that the individual is at least 16 years old EACH LIVING 6
	110	+	PARENT, GUARDIAN, OR LEGAL CUSTODIAN O F THE INDIVIDUAL ; or 7
122	111
123		-	(ii) the place of residence of each party;
	112	+	(2) (II) if the individual does not have the consent of a parent or 8
	113	+	guardian REQUIRED UNDER ITEM (I) OF THIS ITEM, either party to be married gives the 9
	114	+	clerk a certificate from a licensed physician, licensed physician assistant, or certified nurse 10
	115	+	practitioner stating that the physician, physician assistant, or nurse practitioner has 11
	116	+	examined the woman to be married and has found that she is pregnant or has given birth 12
	117	+	to a child.]; AND 13
124	118
125		-	(iii) the age of each party;
	119	+	(1) (2) THE INDIVIDUAL PRESE NTS A CERTIFIED COPY OF AN 14
	120	+	ORDER GRANTING EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN 15
	121	+	ACCORDANCE WITH THE PROVISIONS OF TITLE 5, SUBTITLE 2A OF THIS ARTICLE TO 16
	122	+	THE CLERK OF THE CIR CUIT COURT NOT EARLI ER THAN 15 DAYS AFTER THE ORDER 17
	123	+	WAS ISSUED; AND 18
126	124
127		-	(iv) ~~whether~~ the ~~parties are related by blood or marriage and,~~ ~~if so,~~
128		-	~~in which degree of relationship;~~
	125	+	(2) THE OTHER PARTY TO B E MARRIED IS NOT MOR E THAN 4 YEARS 19
	126	+	OLDER THAN THE INDIVIDUAL . 20
129	127
130		-	(v) ~~the marital status of each party;~~ ~~and~~
	128	+	(b) [An individual 15 years old may not marry unless: 21
131	129
132		-	(vi) whether either party was married previously, and the date and
133		-	place of each death or judicial determination that ended any former marriage;
	130	+	(1) the individual has the consent of a parent or guardian; and 22
134	131
135		-	(2) sign the application form; and
	132	+	(2) either party to be married gives the clerk a certificate from a licensed 23
	133	+	physician, licensed physician assistant, or certified nurse practitioner stating that the 24
	134	+	physician, physician assistant, or nurse practitioner has examined the woman to be 25
	135	+	married and has found that she is pregnant or has given birth to a child. 26
136	136
137		-	(3) ~~provide~~ the ~~clerk with:~~
	137	+	(c)] An individual under the age of [15] 17 may not marry. 27
138	138
139		-	(I) the Social Security number of each party who has a Social
140		-	Security number; AND
	139	+	2–402. 28
141	140
142		-	(II) A COPY OF AN OFFICIA L GOVERNMENT –ISSUED BIRTH
143		-	CERTIFICATE OR OTHER OFFICIAL GOVERNMENT –ISSUED DOCUMENT OR R ECORD
144		-	DEMONSTRATING THE AG E OF EACH PARTY . Ch. 175 2022 LAWS OF MARYLAND
	141	+	(b) Except as provided in subsection (d) of this section, to apply for a license, 1 of 29
	142	+	the parties to be married shall: 30
145	143
146		-	– 4 –
	144	+	(1) appear before the clerk and give, under oath, the following information, 31
	145	+	which shall be placed on an application form by the clerk: 32 4 HOUSE BILL 83
147	146
148		-	2–405.
149	147
150		-	(c) (1) If either party to be married is known to be of an age where [the
151		-	parental or guardian’s consent and oath, or the licensed physician’s certificate] A
152		-	CERTIFIED COPY OF AN ORDER GRANTING EMANC IPATION OF A MINOR A ND
153		-	AUTHORIZATION FOR A MINOR TO MARRY, required by § 2–301 of this title, is required,
154		-	the clerk shall [obtain the consent and oath or the certificate] REVIEW THE CERTIFIED
155		-	COPY OF THE ORDER before issuing the license.
156	148
157		-	~~(2) [~~(i)] The ~~clerk’s record required under this title shall include[:~~
	149	+	(i) the full name of each party; 1
158	150
159		-	1. the consent and oath required by § 2–301 of this title, if
160		-	written; or
	151	+	(ii) the place of residence of each party; 2
161	152
162		-	2. the fact that consent was given and an oath was made, if
163		-	given and made in person.
	153	+	(iii) the age of each party; 3
164	154
165		-	(ii) The licensed physician’s certificate required by § 2–301 of this
166		-	title may not be made a part of the clerk’s record] A PHOTOCOPY OF THE C ERTIFIED
167		-	COPY OF THE ORDER GR ANTING EMANCIPATION OF A MINOR AND AUTHO RIZATION
168		-	FOR A MINOR TO MARRY REQUIRED UN DER § 2–301 OF THIS TITLE.
	155	+	(iv) whether the parties are related by blood or marriage and, if so, 4
	156	+	in which degree of relationship; 5
169	157
170		-	[(3) After an individual has been issued a license in accordance with the
171		-	provisions of this subtitle, the clerk who issued the license shall seal the licensed
172		-	physician’s certificate. Except on order of the court, the licensed physician’s certificate shall
173		-	remain sealed.]
	158	+	(v) the marital status of each party; and 6
174	159
175		-	(c) (1) If either party to be married is known to be [of an age where the parental
176		-	or guardian’s consent and oath, or the licensed physician’s certificate, required by § 2–301
177		-	of this title, is required,] 17 YEARS OLD, BEFORE ISSUING THE L ICENSE, the clerk shall
178		-	obtain the REQUIRED consent [and oath] or the LICENSED PHYSICIAN ’S certificate AND
179		-	THE CERTIFIED COPY O F AN ORDER GRANTING AUTHORIZATION FOR A MINOR TO
180		-	MARRY before issuing the license.
	160	+	(vi) whether either party was married previously, and the date and 7
	161	+	place of each death or judicial determination that ended any former marriage; 8
181	162
182		-	(2) ~~(i)~~ The ~~clerk’s record required under this title shall include:~~
	163	+	(2) sign the application form; and 9
183	164
184		-	1. A. the consent [and oath] required by § 2–301 of this
185		-	title, if written; or
	165	+	(3) provide the clerk with: 10
186	166
187		-	[2.] B. the fact that consent was given [and an oath was
188		-	made], if given and made in person; AND
189		-	LAWRENCE J. HOGAN, JR., Governor Ch. 175
	167	+	(I) the Social Security number of each party who has a Social 11
	168	+	Security number; AND 12
190	169
191		-	– 5 –
192		-	2. A PHOTOCOPY OF THE C ERTIFIED COPY OF THE ORDER
193		-	GRANTING AUTHORIZATI ON FOR A MINOR TO MARRY REQUIRED UNDER § 2–301 OF
194		-	THIS TITLE.
	170	+	(II) A COPY OF AN OFFICIA L GOVERNMENT –ISSUED BIRTH 13
	171	+	CERTIFICATE OR OTHER OFFICIAL GOVERNMENT –ISSUED DOCUMENT OR R ECORD 14
	172	+	DEMONSTRATING THE AG E OF EACH PARTY . 15
195	173
196		-	(ii) The licensed physician’s certificate required by § 2–301 of this title
197		-	may not be made a part of the clerk’s record.
	174	+	2–405. 16
198	175
199		-	(3) After an individual has been issued a license in accordance with the
200		-	provisions of this subtitle, the clerk who issued the license shall seal the licensed physician’s
201		-	certificate. Except on order of the court, the licensed physician’s certificate shall remain
202		-	sealed.
	176	+	(c) (1) If either party to be married is known to be of an age where [the 17
	177	+	parental or guardian’s consent and oath, or the licensed physician’s certificate] A 18
	178	+	CERTIFIED COPY OF AN ORDER GRANTING EMANC IPATION OF A MINOR A ND 19
	179	+	AUTHORIZATION FOR A MINOR TO MARRY, required by § 2–301 of this title, is required, 20
	180	+	the clerk shall [obtain the consent and oath or the certificate] REVIEW THE CERTIFIED 21
	181	+	COPY OF THE ORDER before issuing the license. 22
203	182
204		-	SUBTITLE 2A. EMANCIPATION OF A MINOR AND AUTHORIZATION TO MARRY
205		-	AUTHORIZATION FOR A MINOR TO MARRY.
	183	+	(2) [(i)] The clerk’s record required under this title shall include[: 23
206	184
207		-	5–2A–01.
	185	+	1. the consent and oath required by § 2–301 of this title, if 24
	186	+	written; or 25
208	187
209		-	(A) A MINOR WHO IS 17 YEARS OLD MAY FILE A PETITION IN THE MINO R’S
210		-	OWN NAME FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN THE
211		-	CIRCUIT COURT FOR TH E COUNTY IN WHICH TH E MINOR RESIDES .
	188	+	2. the fact that consent was given and an oath was made, if 26
	189	+	given and made in person. 27
212	190
213		-	(B) ~~A PETITION FOR EMANCIPATION~~ OF ~~A MI NOR AND AUTHORIZATION TO~~
214		-	~~MARRY SHALL CONTAIN~~ THE ~~FOLLOWING :~~
	191	+	(ii) The licensed physician’s certificate required by § 2–301 of this 28
	192	+	title may not be made a part of the clerk’s record] A PHOTOCOPY OF THE C ERTIFIED 29 HOUSE BILL 83 5
215	193
216		-	(1) THE PETITIONER ’S FULL NAME , GENDER, DATE OF BIRTH , AND
217		-	ADDRESS, INCLUDING THE LENGTH OF TIME THE PETITION ER HAS RESIDED AT TH E
218		-	ADDRESS;
219	194
220		-	(2) THE INTENDED SPOUSE ’S FULL NAME, GENDER, DATE OF BIRTH ,
221		-	AND ADDRESS , INCLUDING THE LENGTH OF TIME THE INTENDED SPOUSE HAS
222		-	RESIDED AT THE ADDRE SS;
	195	+	COPY OF THE ORDER GR ANTING EMANCIPATION OF A MINOR AND AUTHO RIZATION 1
	196	+	FOR A MINOR TO MARRY REQUIRED UN DER § 2–301 OF THIS TITLE. 2
223	197
224		-	(3) A STATEMENT EXPLAINI NG HOW THE PARTIES M ET AND HOW
225		-	LONG THEY HAVE KNOWN EACH OTHER;
	198	+	[(3) After an individual has been issued a license in accordance with the 3
	199	+	provisions of this subtitle, the clerk who issued the license shall seal the licensed 4
	200	+	physician’s certificate. Except on order of the court, the licensed physician’s certificate shall 5
	201	+	remain sealed.] 6
226	202
227		-	(4) A COPY OF ANY C RIMINAL RECORDS CONC ERNING EITHER PARTY
228		-	AND A COPY OF ANY PE ACE ORDER OR PROTECT IVE ORDER ISSUED AGA INST EITHER
229		-	PARTY; AND
	203	+	(c) (1) If either party to be married is known to be [of an age where the parental 7
	204	+	or guardian’s consent and oath, or the licensed physician’s certificate, required by § 2–301 8
	205	+	of this title, is required,] 17 YEARS OLD, BEFORE ISSUING THE L ICENSE, the clerk shall 9
	206	+	obtain the REQUIRED consent [and oath] or the LICENSED PHYSICIAN ’S certificate AND 10
	207	+	THE CERTIFIED COPY O F AN ORDER GRANTING AUTHORIZATION FOR A MINOR TO 11
	208	+	MARRY before issuing the license. 12
230	209
231		-	(5) EVIDENCE THAT THE MI NOR IS MATURE AND CA PABLE OF
232		-	SELF–SUFFICIENCY AND SELF –SUPPORT INDEPENDENT OF THE MINOR’S PARENTS,
233		-	GUARDIAN, LEGAL CUSTODIAN , OR INTENDED SPOUSE ; AND
234		-	Ch. 175 2022 LAWS OF MARYLAND
	210	+	(2) (i) The clerk’s record required under this title shall include: 13
235	211
236		-	– 6 –
237		-	(6) THE NAME AND LAST KN OWN ADDRESS OF EACH LIVING PARENT ,
238		-	GUARDIAN, OR LEGAL CUSTODIAN O F THE PETITIONER .
	212	+	1. A. the consent [and oath] required by § 2–301 of this 14
	213	+	title, if written; or 15
239	214
240		-	5–2A–02.
	215	+	[2.] B. the fact that consent was given [and an oath was 16
	216	+	made], if given and made in person; AND 17
241	217
242		-	ON THE FILING OF A PE TITION FOR EMANCIPATION OF A MI NOR AND
243		-	AUTHORIZATION TO MAR RY, A COURT SHALL :
	218	+	2. A PHOTOCOPY OF THE C ERTIFIED COPY OF THE ORDER 18
	219	+	GRANTING AUTHORIZATION FOR A MINOR TO MARRY REQUI RED UNDER § 2–301 OF 19
	220	+	THIS TITLE. 20
244	221
245		-	(1) ~~APPOINT A LAWYER WIT H FAMILY LAW EXPERIE NCE TO~~
246		-	~~REPRESENT~~ THE ~~PETITI ONER;~~
	222	+	(ii) The licensed physician’s certificate required by § 2–301 of this title 21
	223	+	may not be made a part of the clerk’s record. 22
247	224
248		-	(2) SET AN EVIDENTIARY H EARING ON THE PETITI ON; AND
	225	+	(3) After an individual has been issued a license in accordance with the 23
	226	+	provisions of this subtitle, the clerk who issued the license shall seal the licensed physician’s 24
	227	+	certificate. Except on order of the court, the licensed physician’s certificate shall remain 25
	228	+	sealed. 26
249	229
250		-	(3) PROVIDE THE MINOR WI TH THE FOLLOWING :
	230	+	SUBTITLE 2A. EMANCIPATION OF A MINOR AND AUTHORIZATION TO MARRY 27
	231	+	AUTHORIZATION FOR A MINOR TO MARRY. 28
251	232
252		-	(I) INFORMATION ON THE R IGHTS AND RESPONSIBI LITIES OF
253		-	AN EMANCIPATED MINOR AND :
	233	+	5–2A–01. 29
254	234
255		-	1. A MINOR GRANTED AUTH ORIZATION TO MARRY
256		-	UNDER THIS SUBTITLE , INCLUDING THE RIGHT TO DIVORCE AND ENTER INTO
257		-	CONTRACTS; AND
	235	+	(A) A MINOR WHO IS 17 YEARS OLD MAY FILE A PETITION IN THE MINO R’S 30
	236	+	OWN NAME FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN THE 31
	237	+	CIRCUIT COURT FOR TH E COUNTY IN WHICH TH E MINOR RESIDES . 32
	238	+	6 HOUSE BILL 83
258	239
259		-	2. PARTIES TO A MARRIAG E;
260	240
261		-	(II) REFERRAL INFORMATION FOR LEGAL AID AGENCI ES; AND
	241	+	(B) A PETITION FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO 1
	242	+	MARRY SHALL CONTAIN THE FOLLOWING : 2
262	243
263		-	(~~III~~) ~~INFORMATION ON STATE~~ AND ~~NATIONAL HO TLINES FOR~~
264		-	~~CHILD ABUSE~~, ~~DOMESTIC VIOLENCE , SEXUAL ASSAULT , AND HUMAN TRAFFICKIN G;~~
265		-	~~AND~~
	244	+	(1) THE PETITIONER ’S FULL NAME , GENDER, DATE OF BIRTH , AND 3
	245	+	ADDRESS, INCLUDING THE LENGTH OF TIME THE PETITION ER HAS RESIDED AT TH E 4
	246	+	ADDRESS; 5
266	247
267		-	(IV) INFORMATION RELATED TO IMPACTS AND OUTCO MES OF
268		-	CHILD MARRIAGE IN TH E UNITED STATES; AND
	248	+	(2) THE INTENDED SPOUSE ’S FULL NAME, GENDER, DATE OF BIRTH , 6
	249	+	AND ADDRESS , INCLUDING THE LENGTH OF TIME THE INTENDED SPOUSE HAS 7
	250	+	RESIDED AT THE ADDRE SS; 8
269	251
270		-	(4) NOTIFY EACH LIVING P ARENT, GUARDIAN, OR LEGAL CUSTODIAN
271		-	WHOM THE COURT IS AB LE TO LOCATE OF THEI R RIGHT TO SUPPORT O R OPPOSE
272		-	THE PETITION.
	252	+	(3) A STATEMENT EXPLAINI NG HOW THE PARTIES M ET AND HOW 9
	253	+	LONG THEY HAVE KNOWN EACH OTHER; 10
273	254
274		-	5–2A–03.
	255	+	(4) A COPY OF ANY CRIMIN AL RECORDS CONCERNIN G EITHER PARTY 11
	256	+	AND A COPY OF ANY PE ACE ORDER OR PROTECT IVE ORDER ISSUED AGA INST EITHER 12
	257	+	PARTY; AND 13
275	258
276		-	(A) AT THE HEARING , THE COURT SHALL COND UCT AN IN CAMERA
277		-	INTERVIEW OF THE PET ITIONER SEPARATE FRO M THE PETITIONER ’S PARENTS OR,
278		-	GUARDIANS, OR LEGAL CUSTODIANS AND INTENDED SPOUSE .
279		-	LAWRENCE J. HOGAN, JR., Governor Ch. 175
	259	+	(5) EVIDENCE THAT THE MI NOR IS MATURE AND C APABLE OF 14
	260	+	SELF–SUFFICIENCY AND SELF –SUPPORT INDEPENDENT OF THE MINOR’S PARENTS, 15
	261	+	GUARDIAN, LEGAL CUSTODIAN , OR INTENDED SPOUSE ; AND 16
280	262
281		-	– 7 –
282		-	(B) (1) NEITHER THE WISHES OF THE PARENTS OR, LEGAL GUARDIANS,
283		-	OR LEGAL CUSTODIANS OF THE PETITIONER NO R THE FACT THAT THE PETITIONER
284		-	OR THE INTENDED SPOU SE OF THE PETITIONER IS PREGNANT IS SUFFI CIENT
285		-	EVIDENCE TO DETERMINE THAT MARRIAGE IS IN THE BEST INTEREST OF THE
286		-	PETITIONER.
	263	+	(6) THE NAME AND LAST KN OWN ADDRESS OF EACH LIVING PARENT , 17
	264	+	GUARDIAN, OR LEGAL CUSTODIAN O F THE PETITIONER . 18
287	265
288		-	(2) THERE IS A REBUTTABLE PRESUMPTION THAT EMANCIPATION
289		-	AND MARRIAGE ARE IS NOT IN THE BEST INTE RESTS OF THE PETITIO NER IF ALL THE
290		-	PARENTS OR, GUARDIANS, OR LEGAL CUSTODIANS OF THE PETITIONER OP POSE THE
291		-	PETITION.
	266	+	5–2A–02. 19
292	267
293		-	(C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , AFTER A HEARING, A
294		-	COURT MAY ISSUE AN O RDER GRANTING EMANCIPATION OF A MI NOR AND
295		-	AUTHORIZATION TO MAR RY IF THE COURT MAKE S WRITTEN FINDINGS T HAT:
	268	+	ON THE FILING OF A PE TITION FOR EMANCIPATION OF A MI NOR AND 20
	269	+	AUTHORIZATION TO MAR RY, A COURT SHALL : 21
296	270
297		-	(1) ~~THE PETITIONER IS~~ A ~~COUNTY RESIDENT WH O IS AT LEAST 17~~
298		-	~~YEARS OLD~~;
	271	+	(1) APPOINT A LAWYER WIT H FAMILY LAW EXPERIE NCE TO 22
	272	+	REPRESENT THE PETITI ONER; 23
299	273
300		-	(2) THE INTENDED SPOUSE OF THE PETITIONER IS NOT MORE THAN 4
301		-	YEARS OLDER THAN THE PETITIONER;
	274	+	(2) SET AN EVIDENTIARY H EARING ON THE PETITI ON; AND 24
302	275
303		-	(3) THE PETITIONER SEEKS TO MARRY VOLUNTARILY AND FREE
304		-	FROM FORCE , COERCION, AND FRAUD; AND
	276	+	(3) PROVIDE THE MI NOR WITH THE FOLLOWI NG: 25
305	277
306		-	(4) ~~(3)~~ THE ~~PETITIONER IS MA TURE~~ AND ~~CAPABLE~~ OF
307		-	~~SELF–SUFFICIENCY~~ AND ~~SELF –SUPPORT.~~
	278	+	(I) INFORMATION ON THE R IGHTS AND RESPONSIBI LITIES OF 26
	279	+	AN EMANCIPATED MINOR AND: 27
308	280
309		-	~~(D)~~ A ~~COURT MAY DENY A PET ITION FOR THE EMANCIPATION OF A MI NOR~~
310		-	~~AND AUTHORIZATION~~ TO ~~MAR RY IF THE COURT MAKE S A WRITTEN FINDING THAT~~
311		-	~~EMANCIPATION~~ AND ~~MARRIAGE ARE IS NOT IN THE BEST INTE REST OF THE~~
312		-	~~PETITIONER.~~
	281	+	1. A MINOR GRANTED AUTH ORIZATION TO MARRY 28
	282	+	UNDER THIS SUBTITLE , INCLUDING THE RIGHT TO DIVORCE AND ENTER INTO 29
	283	+	CONTRACTS; AND 30
	284	+	HOUSE BILL 83 7
313	285
314		-	(E) A COURT MAY NOT ISSUE AN ORDER GRANTING EMANCIPATION OF A
315		-	MINOR AND AUTHORIZATION TO MAR RY UNDER THIS SECTIO N IF THE COURT
316		-	DETERMINES THAT :
317	286
318		-	(1~~) THE INTENDED SPOUSE OF THE PETITIONER :~~
	287	+	2. PARTIES TO A MARRIAGE; 1
319	288
320		-	(I) AT ANY TIME HAS BEEN IN A POSITI ON OF AUTHORITY OVER
321		-	THE PETITIONER OR IN A POSITION OF SPECIA L TRUST WITH THE PET ITIONER OR
322		-	HAS HAD A PROFESSION AL RELATIONSHIP WITH THE PETITIONER ; OR
	289	+	(II) REFERRAL INFORMATION FOR LEGAL AID AGENCI ES; AND 2
323	290
324		-	(II) HAS BEEN CONVICTED O R ADJUDICATED DELINQ UENT FOR:
325		-	Ch. 175 2022 LAWS OF MARYLAND
	291	+	(III) INFORMATION ON STATE AND NATIONAL HO TLINES FOR 3
	292	+	CHILD ABUSE, DOMESTIC VIOLENCE , SEXUAL ASSAULT , AND HUMAN TRAFFICKIN G; 4
	293	+	AND 5
326	294
327		-	~~– 8 –~~
328		-	1. ~~ANY CRIME AGAINST A MINOR~~ ;
	295	+	(IV) INFORMATION RELATED TO IMPACTS AND OUTCO MES OF 6
	296	+	CHILD MARRIAGE IN TH E UNITED STATES; AND 7
329	297
330		-	2. A CRIME OF VIOLENCE UNDER § 14–101 OF THE
331		-	CRIMINAL LAW ARTICLE;
	298	+	(4) NOTIFY EACH LIVING P ARENT, GUARDIAN, OR LEGAL CUSTODIAN 8
	299	+	WHOM THE COURT IS AB LE TO LOCATE OF THEI R RIGHT TO SUPPORT O R OPPOSE 9
	300	+	THE PETITION. 10
332	301
333		-	3. A SEXUAL CRIME UNDER TITLE 3, SUBTITLE 3 OF THE
334		-	CRIMINAL LAW ARTICLE; OR
	302	+	5–2A–03. 11
335	303
336		-	4. HUMAN TRAFFICKING UN DER TITLE 3, SUBTITLE 11
337		-	OF THE CRIMINAL LAW ARTICLE;
	304	+	(A) AT THE HEARING , THE COURT SHALL COND UCT AN IN CAMERA 12
	305	+	INTERVIEW OF THE PET ITIONER SEPARATE FRO M THE PETITIONER ’S PARENTS OR, 13
	306	+	GUARDIANS, OR LEGAL CUSTODIANS AND INTENDED SPOUSE . 14
338	307
339		-	(2) ONE PARTY IS PREGNAN T OR HAS A CHILD WIT H THE OTHER
340		-	PARTY THAT EVIDENCES THAT THE PETITIONER WAS THE VICTIM OF A SEXUAL
341		-	CRIME COMMITTED BY T HE INTENDED SPOUSE ; OR
	308	+	(B) (1) NEITHER THE WISHES OF THE PARENTS OR, LEGAL GUARDIANS, 15
	309	+	OR LEGAL CUSTODIANS OF THE PETITIONER NO R THE FACT THAT THE PETITIONER 16
	310	+	OR THE INTENDED SPOU SE OF THE PETITIONER IS PREGNANT IS SUFFI CIENT 17
	311	+	EVIDENCE TO DETERMIN E THAT MARRIAGE IS I N THE BEST INTEREST OF THE 18
	312	+	PETITIONER. 19
342	313
343		-	(3) A PROTECTIVE ORDER O R PEACE ORDER WAS IS SUED AGAINST
344		-	THE INTENDED SPOUSE OF THE PE TITIONER, REGARDLESS OF WHETHE R THE
345		-	PETITIONER WAS THE P ERSON TO BE PROTECTE D.
	314	+	(2) THERE IS A REBUTTABLE PRESUMPTION THAT EMANCIPATION 20
	315	+	AND MARRIAGE ARE IS NOT IN THE BEST INTE RESTS OF THE PETITIO NER IF ALL THE 21
	316	+	PARENTS OR, GUARDIANS, OR LEGAL CUSTODIANS OF THE PETITIONER OP POSE THE 22
	317	+	PETITION. 23
346	318
347		-	5–2A–04.
	319	+	(C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , AFTER A HEARING, A 24
	320	+	COURT MAY ISSUE AN O RDER GRANTING EMANCIPATION OF A MI NOR AND 25
	321	+	AUTHORIZATION TO MAR RY IF THE COURT MAKE S WRITTEN FINDINGS T HAT: 26
348	322
349		-	(A) ON THE ISSUANCE OF AN ORDER GRANTING EMANCIPATION OF A MI NOR
350		-	AND AUTHORIZATION TO MAR RY, THE CLERK OF THE COU RT SHALL PROVIDE A
351		-	CERTIFIED COPY OF TH E ORDER TO TH E PETITIONER.
	323	+	(1) THE PETITIONER IS A COUNTY RESIDENT WH O IS AT LEAST 17 27
	324	+	YEARS OLD; 28
352	325
353		-	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
354		-	AN ORDER OF EMANCIPA TION SHALL HAVE THE SAME EFFECT AS THE P ETITIONER
355		-	REACHING THE AGE OF MAJORITY AND SHALL C ONFER ON THE PETITIO NER ALL OF
356		-	THE RIGHTS AND RESPO NSIBILITIES OF LEGAL ADULTHOOD .
	326	+	(2) THE INTENDED SPOUSE OF THE PETITIONER IS NOT MORE THAN 4 29
	327	+	YEARS OLDER THAN THE PETITIONER ; 30
357	328
358		-	(2) ~~AN ORDER OF EMANCIPAT ION DOES NOT SUPERSE DE AGE~~
359		-	~~REQUIREMENTS FOR :~~
	329	+	(3) THE PETITIONER SEEKS TO MARRY VOLUNTARILY AND FREE 31
	330	+	FROM FORCE , COERCION, AND FRAUD; AND 32 8 HOUSE BILL 83
360	331
361		-	(I) VOTING;
362	332
363		-	(II) THE PURCHASE , POSSESSION, OR CONSUMPTION OF
364		-	ALCOHOLIC BEVERAGES ;
365	333
366		-	(~~III~~) THE ~~PURCHASE , POSSESSION,~~ ~~OR CONSUMPTION~~ OF
367		-	~~TOBACCO PRODUCTS OR ELECTRONIC CIGARETTES ;~~
	334	+	(4) (3) THE PETITIONER IS MA TURE AND CAPABLE OF 1
	335	+	SELF–SUFFICIENCY AND SELF –SUPPORT. 2
368	336
369		-	(IV) COMPULSORY SCHOOL AT TENDANCE; OR
370		-	LAWRENCE J. HOGAN, JR., Governor Ch. 175
	337	+	(D) A COURT MAY DENY A PET ITION FOR THE EMANCIPATION OF A MI NOR 3
	338	+	AND AUTHORIZATION TO MAR RY IF THE COURT MAKE S A WRITTEN FINDING THAT 4
	339	+	EMANCIPATION AND MARRIAGE ARE IS NOT IN THE BEST INTE REST OF THE 5
	340	+	PETITIONER. 6
371	341
372		-	– 9 –
373		-	(V) HEALTH AND SAFETY RE GULATIONS INCLUDING
374		-	WORKPLACE REGULATION S DESIGNED TO PROTEC T INDIVIDUALS UNDER THE AGE
375		-	OF 18 YEARS.
	342	+	(E) A COURT MAY NOT ISSUE AN ORDER GRANTING EMANCIPATION OF A 7
	343	+	MINOR AND AUTHORIZATION TO MAR RY UNDER THIS SECTIO N IF THE COURT 8
	344	+	DETERMINES THAT : 9
376	345
377		-	~~5–2A–05.~~
	346	+	(1) THE INTENDED SPOUSE OF THE PETITIONER : 10
378	347
379		-	A MINOR WHO IS MARRIED MAY FILE AN ACTION F OR DIVORCE UNDER TITLE
380		-	7 OF THIS ARTICLE AND SIGN AND ENTER INTO CONTRACTS.
	348	+	(I) AT ANY TIME HAS BEEN IN A POSITION OF AUT HORITY OVER 11
	349	+	THE PETITIONER OR IN A POSITION OF SPECIA L TRUST WITH THE PET ITIONER OR 12
	350	+	HAS HAD A PROFESSIONAL R ELATIONSHIP WITH THE PETITIONER; OR 13
381	351
382		-	~~A MINOR WHO IS MARRIED~~ :
	352	+	(II) HAS BEEN CONVICTED O R ADJUDICATED DELINQ UENT FOR: 14
383	353
384		-	(1) MAY FILE AN ACTION F OR DIVORCE UNDER TITLE 7 OF THIS
385		-	ARTICLE; AND
	354	+	1. ANY CRIME AGAINST A MINOR; 15
386	355
387		-	(2~~) SHALL BE DEEMED EMAN CIPATED FOR~~ THE ~~LIMI TED PURPOSE OF~~
388		-	~~OBTAINING A DIVORCE .~~
	356	+	2. A CRIME OF VIOLENCE UNDER § 14–101 OF THE 16
	357	+	CRIMINAL LAW ARTICLE; 17
389	358
390		-	5–2A–05. 5–2A–06.
	359	+	3. A SEXUAL CRIME UNDER TITLE 3, SUBTITLE 3 OF THE 18
	360	+	CRIMINAL LAW ARTICLE; OR 19
391	361
392		-	~~THE COURT OF APPEALS MAY ADOPT RUL ES TO IMPLEMENT THE PROVISIONS~~
393		-	OF ~~THIS SUBTITLE.~~
	362	+	4. HUMAN TRAFFICKING UN DER TITLE 3, SUBTITLE 11 20
	363	+	OF THE CRIMINAL LAW ARTICLE; 21
394	364
395		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
396		-	October 1, 2022.
	365	+	(2) ONE PARTY IS PREGNAN T OR HAS A CHILD WIT H THE OTHER 22
	366	+	PARTY THAT EVIDENCES THAT THE PETITIONER WAS THE VICTIM OF A SEXUAL 23
	367	+	CRIME COMMITTED BY T HE INTENDED SPOUSE ; OR 24
397	368
398		-	Approved by the Governor, April 21, 2022.
	369	+	(3) A PROTECTIVE ORDER O R PEACE ORDER WAS IS SUED AGAINST 25
	370	+	THE INTENDED SPOUSE OF THE PETITIONER , REGARDLESS OF WHETHE R THE 26
	371	+	PETITIONER WAS THE P ERSON TO BE PROTECTE D. 27
	372	+
	373	+	5–2A–04. 28
	374	+	HOUSE BILL 83 9
	375	+
	376	+
	377	+	(A) ON THE ISSUANCE OF AN ORDER GRANTING EMANCIPATION OF A MI NOR 1
	378	+	AND AUTHORIZATION TO MAR RY, THE CLERK OF THE COU RT SHALL PROVIDE A 2
	379	+	CERTIFIED COPY OF TH E ORDER TO THE PETIT IONER. 3
	380	+
	381	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 4
	382	+	AN ORDER OF EMANCIPATION SHALL H AVE THE SAME EFFECT AS THE PETITIONER 5
	383	+	REACHING THE AGE OF MAJORITY AND SHALL C ONFER ON THE PETITIO NER ALL OF 6
	384	+	THE RIGHTS AND RESPO NSIBILITIES OF LEGAL ADULTHOOD . 7
	385	+
	386	+	(2) AN ORDER OF EMANCIPAT ION DOES NOT SUPERSE DE AGE 8
	387	+	REQUIREMENTS FOR : 9
	388	+
	389	+	(I) VOTING; 10
	390	+
	391	+	(II) THE PURCHASE , POSSESSION, OR CONSUMPTION OF 11
	392	+	ALCOHOLIC BEVERAGES ; 12
	393	+
	394	+	(III) THE PURCHASE , POSSESSION, OR CONSUMPTION OF 13
	395	+	TOBACCO PRODUCTS OR ELECTRONIC CIGARETTE S; 14
	396	+
	397	+	(IV) COMPULSORY SCHOOL AT TENDANCE; OR 15
	398	+
	399	+	(V) HEALTH AND SAFETY RE GULATIONS INCLUDING 16
	400	+	WORKPLACE REGULATION S DESIGNED TO PROTEC T INDIVIDUALS UNDER THE AGE 17
	401	+	OF 18 YEARS. 18
	402	+
	403	+	5–2A–05. 19
	404	+
	405	+	A MINOR WHO IS MARRIED MAY FILE AN ACTION F OR DIVORCE UNDER TITLE 20
	406	+	7 OF THIS ARTICLE AND SIGN AND ENTER INTO CONTRACTS. 21
	407	+
	408	+	A MINOR WHO IS MARRIED: 22
	409	+
	410	+	(1) MAY FILE AN ACTION F OR DIVORCE UNDER TITLE 7 OF THIS 23
	411	+	ARTICLE; AND 24
	412	+
	413	+	(2) SHALL BE DEEMED EMAN CIPATED FOR THE LIMI TED PURPOSE OF 25
	414	+	OBTAINING A DIVORCE . 26
	415	+
	416	+	5–2A–05. 5–2A–06. 27
	417	+
	418	+	THE COURT OF APPEALS MAY ADOPT RUL ES TO IMPLEMENT THE PROVISIONS 28
	419	+	OF THIS SUBTITLE. 29
	420	+	10 HOUSE BILL 83
	421	+
	422	+
	423	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
	424	+	October 1, 2022. 2
	425	+
	426	+
	427	+
	428	+
	429	+	Approved:
	430	+	________________________________________________________________________________
	431	+	Governor.
	432	+	________________________________________________________________________________
	433	+	Speaker of the House of Delegates.
	434	+	________________________________________________________________________________
	435	+	President of the Senate.