LAWRENCE J. HOGAN, JR., Governor Ch. 175
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Chapter 175
(House Bill 83)
AN ACT concerning
Family Law – Emancipation of a Minor and Authorization to Marry
Authorization for a Minor to Marry Marriage of Minors
FOR the purpose of authorizing a minor to file a petition for emancipation of a minor and
authorization to marry in the minor’s own name subject to certain requirements;
authorizing a married minor to file an action for divorce and sign contracts;
extending the jurisdiction of the equity court to include a petition for emancipation
of a minor and authorization for a minor to marry; altering the conditions under
which an individual who is 17 years old is authorized to marry; prohibiting an
individual under the age of 17 years from marrying; and generally relating to
emancipation and marriage of minors.
BY repealing and reenacting, with amendments,
Article – Family Law
Section 1–201(b), 2–301, 2–402(b), and 2–405(c)
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY adding to
Article – Family Law
Section 5–2A–01 through 5–2A–05 5–2A–06 to be under the new subtitle “Subtitle
2A. Emancipation of a Minor and Authorization to Marry Authorization for a
Minor to Marry”
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Family Law
1–201.
(b) An equity court has jurisdiction over:
(1) adoption of a child, except for a child who is under the jurisdiction of
any juvenile court and who previously has been adjudicated to be a child in need of
assistance;
(2) alimony;
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(3) annulment of a marriage;
(4) divorce;
(5) custody or guardianship of a child except for a child who is under the
jurisdiction of any juvenile court and who previously has been adjudicated to be a child in
need of assistance;
(6) visitation of a child;
(7) legitimation of a child;
(8) paternity;
(9) support of a child; [and]
(10) custody or guardianship of an immigrant child pursuant to a motion for
Special Immigrant Juvenile factual findings requesting a determination that the child was
abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J)
of the federal Immigration and Nationality Act; AND
(11) A PETITION FOR EMANCIPATION OF A MI NOR AND
AUTHORIZATION FOR A MINOR TO MARRY.
2–301.
(a) An individual [16 or] 17 years old may not marry unless:
[(1) (I) the individual has the consent of a parent or guardian and the
parent or guardian swears that the individual is at least 16 years old EACH LIVING
PARENT, GUARDIAN, OR LEGAL CUSTODIAN O F THE INDIVIDUAL ; or
(2) (II) if the individual does not have the consent of a parent or
guardian REQUIRED UNDER ITEM (I) OF THIS ITEM, either party to be married gives the
clerk a certificate from a licensed physician, licensed physician assistant, or certified nurse
practitioner stating that the physician, physician assistant, or nurse practitioner has
examined the woman to be married and has found that she is pregnant or has given birth
to a child.]; AND
(1) (2) THE INDIVIDUAL PRESE NTS A CERTIFIED COPY OF AN
ORDER GRANTING EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 5, SUBTITLE 2A OF THIS ARTICLE TO
THE CLERK OF THE CIR CUIT COURT NOT EARLI ER THAN 15 DAYS AFTER THE ORDER
WAS ISSUED; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 175
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(2) THE OTHER PARTY TO B E MARRIED IS NOT MOR E THAN 4 YEARS
OLDER THAN THE INDIVIDUAL .
(b) [An individual 15 years old may not marry unless:
(1) the individual has the consent of a parent or guardian; and
(2) either party to be married gives the clerk a certificate from a licensed
physician, licensed physician assistant, or certified nurse practitioner stating that the
physician, physician assistant, or nurse practitioner has examined the woman to be
married and has found that she is pregnant or has given birth to a child.
(c)] An individual under the age of [15] 17 may not marry.
2–402.
(b) Except as provided in subsection (d) of this section, to apply for a license, 1 of
the parties to be married shall:
(1) appear before the clerk and give, under oath, the following information,
which shall be placed on an application form by the clerk:
(i) the full name of each party;
(ii) the place of residence of each party;
(iii) the age of each party;
(iv) whether the parties are related by blood or marriage and, if so,
in which degree of relationship;
(v) the marital status of each party; and
(vi) whether either party was married previously, and the date and
place of each death or judicial determination that ended any former marriage;
(2) sign the application form; and
(3) provide the clerk with:
(I) the Social Security number of each party who has a Social
Security number; AND
(II) A COPY OF AN OFFICIA L GOVERNMENT –ISSUED BIRTH
CERTIFICATE OR OTHER OFFICIAL GOVERNMENT –ISSUED DOCUMENT OR R ECORD
DEMONSTRATING THE AG E OF EACH PARTY . Ch. 175 2022 LAWS OF MARYLAND
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2–405.
(c) (1) If either party to be married is known to be of an age where [the
parental or guardian’s consent and oath, or the licensed physician’s certificate] A
CERTIFIED COPY OF AN ORDER GRANTING EMANC IPATION OF A MINOR A ND
AUTHORIZATION FOR A MINOR TO MARRY, required by § 2–301 of this title, is required,
the clerk shall [obtain the consent and oath or the certificate] REVIEW THE CERTIFIED
COPY OF THE ORDER before issuing the license.
(2) [(i)] The clerk’s record required under this title shall include[:
1. the consent and oath required by § 2–301 of this title, if
written; or
2. the fact that consent was given and an oath was made, if
given and made in person.
(ii) The licensed physician’s certificate required by § 2–301 of this
title may not be made a part of the clerk’s record] A PHOTOCOPY OF THE C ERTIFIED
COPY OF THE ORDER GR ANTING EMANCIPATION OF A MINOR AND AUTHO RIZATION
FOR A MINOR TO MARRY REQUIRED UN DER § 2–301 OF THIS TITLE.
[(3) After an individual has been issued a license in accordance with the
provisions of this subtitle, the clerk who issued the license shall seal the licensed
physician’s certificate. Except on order of the court, the licensed physician’s certificate shall
remain sealed.]
(c) (1) If either party to be married is known to be [of an age where the parental
or guardian’s consent and oath, or the licensed physician’s certificate, required by § 2–301
of this title, is required,] 17 YEARS OLD, BEFORE ISSUING THE L ICENSE, the clerk shall
obtain the REQUIRED consent [and oath] or the LICENSED PHYSICIAN ’S certificate AND
THE CERTIFIED COPY O F AN ORDER GRANTING AUTHORIZATION FOR A MINOR TO
MARRY before issuing the license.
(2) (i) The clerk’s record required under this title shall include:
1. A. the consent [and oath] required by § 2–301 of this
title, if written; or
[2.] B. the fact that consent was given [and an oath was
made], if given and made in person; AND
LAWRENCE J. HOGAN, JR., Governor Ch. 175
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2. A PHOTOCOPY OF THE C ERTIFIED COPY OF THE ORDER
GRANTING AUTHORIZATI ON FOR A MINOR TO MARRY REQUIRED UNDER § 2–301 OF
THIS TITLE.
(ii) The licensed physician’s certificate required by § 2–301 of this title
may not be made a part of the clerk’s record.
(3) After an individual has been issued a license in accordance with the
provisions of this subtitle, the clerk who issued the license shall seal the licensed physician’s
certificate. Except on order of the court, the licensed physician’s certificate shall remain
sealed.
SUBTITLE 2A. EMANCIPATION OF A MINOR AND AUTHORIZATION TO MARRY
AUTHORIZATION FOR A MINOR TO MARRY.
5–2A–01.
(A) A MINOR WHO IS 17 YEARS OLD MAY FILE A PETITION IN THE MINO R’S
OWN NAME FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO MAR RY IN THE
CIRCUIT COURT FOR TH E COUNTY IN WHICH TH E MINOR RESIDES .
(B) A PETITION FOR EMANCIPATION OF A MI NOR AND AUTHORIZATION TO
MARRY SHALL CONTAIN THE FOLLOWING :
(1) THE PETITIONER ’S FULL NAME , GENDER, DATE OF BIRTH , AND
ADDRESS, INCLUDING THE LENGTH OF TIME THE PETITION ER HAS RESIDED AT TH E
ADDRESS;
(2) THE INTENDED SPOUSE ’S FULL NAME, GENDER, DATE OF BIRTH ,
AND ADDRESS , INCLUDING THE LENGTH OF TIME THE INTENDED SPOUSE HAS
RESIDED AT THE ADDRE SS;
(3) A STATEMENT EXPLAINI NG HOW THE PARTIES M ET AND HOW
LONG THEY HAVE KNOWN EACH OTHER;
(4) A COPY OF ANY C RIMINAL RECORDS CONC ERNING EITHER PARTY
AND A COPY OF ANY PE ACE ORDER OR PROTECT IVE ORDER ISSUED AGA INST EITHER
PARTY; AND
(5) EVIDENCE THAT THE MI NOR IS MATURE AND CA PABLE OF
SELF–SUFFICIENCY AND SELF –SUPPORT INDEPENDENT OF THE MINOR’S PARENTS,
GUARDIAN, LEGAL CUSTODIAN , OR INTENDED SPOUSE ; AND
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(6) THE NAME AND LAST KN OWN ADDRESS OF EACH LIVING PARENT ,
GUARDIAN, OR LEGAL CUSTODIAN O F THE PETITIONER .
5–2A–02.
ON THE FILING OF A PE TITION FOR EMANCIPATION OF A MI NOR AND
AUTHORIZATION TO MAR RY, A COURT SHALL :
(1) APPOINT A LAWYER WIT H FAMILY LAW EXPERIE NCE TO
REPRESENT THE PETITI ONER;
(2) SET AN EVIDENTIARY H EARING ON THE PETITI ON; AND
(3) PROVIDE THE MINOR WI TH THE FOLLOWING :
(I) INFORMATION ON THE R IGHTS AND RESPONSIBI LITIES OF
AN EMANCIPATED MINOR AND :
1. A MINOR GRANTED AUTH ORIZATION TO MARRY
UNDER THIS SUBTITLE , INCLUDING THE RIGHT TO DIVORCE AND ENTER INTO
CONTRACTS; AND
2. PARTIES TO A MARRIAG E;
(II) REFERRAL INFORMATION FOR LEGAL AID AGENCI ES; AND
(III) INFORMATION ON STATE AND NATIONAL HO TLINES FOR
CHILD ABUSE, DOMESTIC VIOLENCE , SEXUAL ASSAULT , AND HUMAN TRAFFICKIN G;
AND
(IV) INFORMATION RELATED TO IMPACTS AND OUTCO MES OF
CHILD MARRIAGE IN TH E UNITED STATES; AND
(4) NOTIFY EACH LIVING P ARENT, GUARDIAN, OR LEGAL CUSTODIAN
WHOM THE COURT IS AB LE TO LOCATE OF THEI R RIGHT TO SUPPORT O R OPPOSE
THE PETITION.
5–2A–03.
(A) AT THE HEARING , THE COURT SHALL COND UCT AN IN CAMERA
INTERVIEW OF THE PET ITIONER SEPARATE FRO M THE PETITIONER ’S PARENTS OR,
GUARDIANS, OR LEGAL CUSTODIANS AND INTENDED SPOUSE .
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(B) (1) NEITHER THE WISHES OF THE PARENTS OR, LEGAL GUARDIANS,
OR LEGAL CUSTODIANS OF THE PETITIONER NO R THE FACT THAT THE PETITIONER
OR THE INTENDED SPOU SE OF THE PETITIONER IS PREGNANT IS SUFFI CIENT
EVIDENCE TO DETERMINE THAT MARRIAGE IS IN THE BEST INTEREST OF THE
PETITIONER.
(2) THERE IS A REBUTTABLE PRESUMPTION THAT EMANCIPATION
AND MARRIAGE ARE IS NOT IN THE BEST INTE RESTS OF THE PETITIO NER IF ALL THE
PARENTS OR, GUARDIANS, OR LEGAL CUSTODIANS OF THE PETITIONER OP POSE THE
PETITION.
(C) SUBJECT TO SUBSECTION (E) OF THIS SECTION , AFTER A HEARING, A
COURT MAY ISSUE AN O RDER GRANTING EMANCIPATION OF A MI NOR AND
AUTHORIZATION TO MAR RY IF THE COURT MAKE S WRITTEN FINDINGS T HAT:
(1) THE PETITIONER IS A COUNTY RESIDENT WH O IS AT LEAST 17
YEARS OLD;
(2) THE INTENDED SPOUSE OF THE PETITIONER IS NOT MORE THAN 4
YEARS OLDER THAN THE PETITIONER;
(3) THE PETITIONER SEEKS TO MARRY VOLUNTARILY AND FREE
FROM FORCE , COERCION, AND FRAUD; AND
(4) (3) THE PETITIONER IS MA TURE AND CAPABLE OF
SELF–SUFFICIENCY AND SELF –SUPPORT.
(D) A COURT MAY DENY A PET ITION FOR THE EMANCIPATION OF A MI NOR
AND AUTHORIZATION TO MAR RY IF THE COURT MAKE S A WRITTEN FINDING THAT
EMANCIPATION AND MARRIAGE ARE IS NOT IN THE BEST INTE REST OF THE
PETITIONER.
(E) A COURT MAY NOT ISSUE AN ORDER GRANTING EMANCIPATION OF A
MINOR AND AUTHORIZATION TO MAR RY UNDER THIS SECTIO N IF THE COURT
DETERMINES THAT :
(1) THE INTENDED SPOUSE OF THE PETITIONER :
(I) AT ANY TIME HAS BEEN IN A POSITI ON OF AUTHORITY OVER
THE PETITIONER OR IN A POSITION OF SPECIA L TRUST WITH THE PET ITIONER OR
HAS HAD A PROFESSION AL RELATIONSHIP WITH THE PETITIONER ; OR
(II) HAS BEEN CONVICTED O R ADJUDICATED DELINQ UENT FOR:
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1. ANY CRIME AGAINST A MINOR ;
2. A CRIME OF VIOLENCE UNDER § 14–101 OF THE
CRIMINAL LAW ARTICLE;
3. A SEXUAL CRIME UNDER TITLE 3, SUBTITLE 3 OF THE
CRIMINAL LAW ARTICLE; OR
4. HUMAN TRAFFICKING UN DER TITLE 3, SUBTITLE 11
OF THE CRIMINAL LAW ARTICLE;
(2) ONE PARTY IS PREGNAN T OR HAS A CHILD WIT H THE OTHER
PARTY THAT EVIDENCES THAT THE PETITIONER WAS THE VICTIM OF A SEXUAL
CRIME COMMITTED BY T HE INTENDED SPOUSE ; OR
(3) A PROTECTIVE ORDER O R PEACE ORDER WAS IS SUED AGAINST
THE INTENDED SPOUSE OF THE PE TITIONER, REGARDLESS OF WHETHE R THE
PETITIONER WAS THE P ERSON TO BE PROTECTE D.
5–2A–04.
(A) ON THE ISSUANCE OF AN ORDER GRANTING EMANCIPATION OF A MI NOR
AND AUTHORIZATION TO MAR RY, THE CLERK OF THE COU RT SHALL PROVIDE A
CERTIFIED COPY OF TH E ORDER TO TH E PETITIONER.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
AN ORDER OF EMANCIPA TION SHALL HAVE THE SAME EFFECT AS THE P ETITIONER
REACHING THE AGE OF MAJORITY AND SHALL C ONFER ON THE PETITIO NER ALL OF
THE RIGHTS AND RESPO NSIBILITIES OF LEGAL ADULTHOOD .
(2) AN ORDER OF EMANCIPAT ION DOES NOT SUPERSE DE AGE
REQUIREMENTS FOR :
(I) VOTING;
(II) THE PURCHASE , POSSESSION, OR CONSUMPTION OF
ALCOHOLIC BEVERAGES ;
(III) THE PURCHASE , POSSESSION, OR CONSUMPTION OF
TOBACCO PRODUCTS OR ELECTRONIC CIGARETTES ;
(IV) COMPULSORY SCHOOL AT TENDANCE; OR
LAWRENCE J. HOGAN, JR., Governor Ch. 175
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(V) HEALTH AND SAFETY RE GULATIONS INCLUDING
WORKPLACE REGULATION S DESIGNED TO PROTEC T INDIVIDUALS UNDER THE AGE
OF 18 YEARS.
5–2A–05.
A MINOR WHO IS MARRIED MAY FILE AN ACTION F OR DIVORCE UNDER TITLE
7 OF THIS ARTICLE AND SIGN AND ENTER INTO CONTRACTS.
A MINOR WHO IS MARRIED :
(1) MAY FILE AN ACTION F OR DIVORCE UNDER TITLE 7 OF THIS
ARTICLE; AND
(2) SHALL BE DEEMED EMAN CIPATED FOR THE LIMI TED PURPOSE OF
OBTAINING A DIVORCE .
5–2A–05. 5–2A–06.
THE COURT OF APPEALS MAY ADOPT RUL ES TO IMPLEMENT THE PROVISIONS
OF THIS SUBTITLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.