| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO REQUIRE THAT ONLY INDIVIDUALS EIGHTEEN YEARS OR OLDER MAY 2 |
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| 14 | 15 | | LAWFULLY MARRY . 3 |
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| 15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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| 16 | 17 | | SECTION 1. G.S. 51-2 reads as rewritten: 5 |
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| 17 | 18 | | "§ 51-2. Lawful age to marry. 6 |
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| 18 | 19 | | (a) All Only unmarried persons of 18 years, or older, may lawfully marry. 7 |
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| 19 | 20 | | (a1) Persons over 16 years of age and under 18 years of age may marry a person no more 8 |
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| 20 | 21 | | than four years older, and the register of deeds may issue a license for the marriage, only after 9 |
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| 21 | 22 | | there has been filed with the register of deeds a certified copy of an order issued by a district 10 |
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| 22 | 23 | | court authorizing the marriage as provided in G.S. 51-2.1, or a written consent to the marriage, 11 |
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| 23 | 24 | | said consent having been signed by the appropriate person as follows: 12 |
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| 24 | 25 | | (1) By a parent having full or joint legal custody of the underage party; or 13 |
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| 25 | 26 | | (2) By a person, agency, or institution having legal custody or serving as a 14 |
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| 26 | 27 | | guardian of the underage party. 15 |
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| 27 | 28 | | Such written consent shall not be required for an emancipated minor if a certificate of 16 |
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| 28 | 29 | | emancipation issued pursuant to Article 35 of Chapter 7B of the General Statutes or a certified 17 |
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| 29 | 30 | | copy of a final decree or certificate of emancipation from this or any other jurisdiction is filed 18 |
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| 30 | 31 | | with the register of deeds. 19 |
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| 31 | 32 | | (b) Repealed by Session Laws 2021-119, s. 1, effective August 26, 2021, and applicable 20 |
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| 32 | 33 | | to marriage licenses pending or issued on or after that date. 21 |
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| 33 | 34 | | (b1) It shall be unlawful for any person under 16 years of age to marry. 22 |
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| 34 | 35 | | (c) When a license to marry is procured by any person under 18 years of age by fraud or 23 |
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| 35 | 36 | | misrepresentation, a parent of the underage party, a person, agency, or institution having legal 24 |
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| 36 | 37 | | custody or serving as a guardian of the underage party, or a guardian ad litem appointed to 25 |
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| 37 | 38 | | represent the underage party pursuant to G.S. 51-2.1(b) is a proper party to bring an action to 26 |
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| 38 | 39 | | annul the marriage." 27 |
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| 39 | 40 | | SECTION 2. G.S. 51-2.1 reads as rewritten: 28 |
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| 40 | 41 | | "§ 51-2.1. Marriage of certain underage parties. 29 |
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| 41 | 42 | | (a) A district court judge may issue an order authorizing a marriage between a person 30 |
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| 42 | 43 | | over 16 years of age and under 18 years of age, to a person no more than four years older under 31 |
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| 43 | 44 | | this section only upon finding as fact and concluding as a matter of law that the underage party 32 |
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| 44 | 45 | | is capable of assuming the responsibilities of marriage and the marriage will serve the best 33 |
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| 45 | 46 | | interest of the underage party. In determining whether the marriage will serve the best interest of 34 |
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| 48 | 53 | | (1) The opinion of the parents of the underage party as to whether the marriage 1 |
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| 49 | 54 | | serves the best interest of the underage party. 2 |
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| 50 | 55 | | (2) The opinion of any person, agency, or institution having legal custody or 3 |
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| 51 | 56 | | serving as a guardian of the underage party as to whether the marriage serves 4 |
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| 52 | 57 | | the best interest of the underage party. 5 |
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| 53 | 58 | | (3) The opinion of the guardian ad litem appointed to represent the best interest 6 |
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| 54 | 59 | | of the underage party pursuant to G.S. 51-2.1(b) as to whether the marriage 7 |
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| 55 | 60 | | serves the best interest of the underage party. 8 |
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| 56 | 61 | | (4) The relationship between the underage party and the parents of the underage 9 |
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| 57 | 62 | | party, as well as the relationship between the underage party and any person 10 |
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| 58 | 63 | | having legal custody or serving as a guardian of the underage party. 11 |
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| 59 | 64 | | (5) Any evidence that it would find useful in making its determination. 12 |
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| 60 | 65 | | There shall be a rebuttable presumption that the marriage will not serve the best interest of 13 |
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| 61 | 66 | | the underage party when all living parents of the underage party oppose the marriage. The fact 14 |
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| 62 | 67 | | that the female is pregnant, or has given birth to a child, alone does not establish that the best 15 |
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| 63 | 68 | | interest of the underage party will be served by the marriage. 16 |
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| 64 | 69 | | (b) An underage party seeking an order granting judicial authorization to marry pursuant 17 |
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| 65 | 70 | | to this section shall file a civil action in the district court requesting judicial authorization to 18 |
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| 66 | 71 | | marry. The clerk shall collect court costs from the underage party in the amount set forth in 19 |
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| 67 | 72 | | G.S. 7A-305 for civil actions in district court. Upon the filing of the complaint, summons shall 20 |
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| 68 | 73 | | be issued in accordance with G.S. 1A-1, Rule 4, and the underage party shall be appointed a 21 |
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| 69 | 74 | | guardian ad litem in accordance with the provisions of G.S. 1A-1, Rule 17. The guardian ad litem 22 |
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| 70 | 75 | | appointed shall be an attorney and shall be governed by the provisions of subsection (d) of this 23 |
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| 71 | 76 | | section. The underage party shall serve a copy of the summons and complaint, in accordance 24 |
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| 72 | 77 | | with G.S. 1A-1, Rule 4, on the father of the underage party; the mother of the underage party; 25 |
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| 73 | 78 | | and any person, agency, or institution having legal custody or serving as a guardian of the 26 |
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| 74 | 79 | | underage party. The underage party also shall serve a copy of the complaint, either in accordance 27 |
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| 75 | 80 | | with G.S. 1A-1, Rule 4, or G.S. 1A-1, Rule 5, on the guardian ad litem appointed pursuant to this 28 |
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| 76 | 81 | | section. A party responding to the underage party's complaint shall serve his response within 30 29 |
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| 77 | 82 | | days after service of the summons and complaint upon that person. The underage party may 30 |
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| 78 | 83 | | participate in the proceedings before the court on his or her own behalf. At the hearing conducted 31 |
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| 79 | 84 | | pursuant to this section, the court shall consider evidence, as provided in subsection (a) of this 32 |
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| 80 | 85 | | section, and shall make written findings of fact and conclusions of law. 33 |
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| 81 | 86 | | (c) Any party to a proceeding under this section may be represented by counsel, but no 34 |
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| 82 | 87 | | party is entitled to appointed counsel, except as provided in this section. 35 |
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| 83 | 88 | | (d) The guardian ad litem appointed pursuant to subsection (b) of this section shall 36 |
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| 84 | 89 | | represent the best interest of the underage party in all proceedings under this section and also has 37 |
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| 85 | 90 | | standing to institute an action under G.S. 51-2(c). The appointment shall terminate when the last 38 |
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| 86 | 91 | | judicial ruling rendering the authorization granted or denied is entered. Payment of the guardian 39 |
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| 87 | 92 | | ad litem shall be governed by G.S. 7A-451(f). The guardian ad litem shall make an investigation 40 |
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| 88 | 93 | | to determine the facts, the needs of the underage party, the available resources within the family 41 |
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| 89 | 94 | | and community to meet those needs, the impact of the marriage on the underage party, and the 42 |
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| 90 | 95 | | ability of the underage party to assume the responsibilities of marriage; facilitate, when 43 |
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| 91 | 96 | | appropriate, the settlement of disputed issues; offer evidence and examine witnesses at the 44 |
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| 92 | 97 | | hearing; and protect and promote the best interest of the underage party. In fulfilling the guardian 45 |
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| 93 | 98 | | ad litem's duties, the guardian ad litem shall assess and consider the emotional development, 46 |
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| 94 | 99 | | maturity, intellect, and understanding of the underage party. The guardian ad litem has the 47 |
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| 95 | 100 | | authority to obtain any information or reports, whether or not confidential, that the guardian ad 48 |
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| 96 | 101 | | litem deems relevant to the case. No privilege other than attorney-client privilege may be invoked 49 |
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| 97 | 102 | | to prevent the guardian ad litem and the court from obtaining such information. The 50 |
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| 98 | 103 | | confidentiality of the information or reports shall be respected by the guardian ad litem, and no 51 General Assembly Of North Carolina Session 2025 |
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| 100 | 105 | | disclosure of any information or reports shall be made to anyone except by order of the court or 1 |
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| 101 | 106 | | unless otherwise provided by law. 2 |
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| 102 | 107 | | (e) If the last judicial ruling in this proceeding denies the underage party judicial 3 |
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| 103 | 108 | | authorization to marry, the underage party shall not seek the authorization of any court again 4 |
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| 104 | 109 | | under this section until after one year from the date of the entry of the last judicial ruling rendering 5 |
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| 105 | 110 | | the authorization denied. 6 |
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| 106 | 111 | | (f) Except as otherwise provided in this section, the rules of evidence in civil cases shall 7 |
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| 107 | 112 | | apply to proceedings under this section. All hearings pursuant to this section shall be recorded 8 |
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| 108 | 113 | | by stenographic notes or by electronic or mechanical means. Notwithstanding any other provision 9 |
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| 109 | 114 | | of law, no appeal of right lies from an order or judgment entered pursuant to this section." 10 |
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| 110 | 115 | | SECTION 3. G.S. 51-2.2 reads as rewritten: 11 |
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| 111 | 116 | | "§ 51-2.2. Parent includes adoptive parent. 12 |
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| 112 | 117 | | As used in this Article, the terms "parent", "father", or "mother" includes one who has become 13 |
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| 113 | 118 | | a parent, father, or mother, respectively, by adoption." 14 |
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| 114 | 119 | | SECTION 4. G.S. 51-3 reads as rewritten: 15 |
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| 115 | 120 | | "§ 51-3. Want of capacity; void and voidable marriages. 16 |
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| 116 | 121 | | All marriages between any two persons nearer of kin than first cousins, or between double 17 |
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| 117 | 122 | | first cousins, or between a male person under 16 years of age and any female, or between a female 18 |
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| 118 | 123 | | person under 16 years of age and any male, or between persons either of whom has a husband or 19 |
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| 119 | 124 | | wife living at the time of such marriage, or between persons either of whom is at the time 20 |
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| 120 | 125 | | physically impotent, or between persons either of whom is at the time incapable of contracting 21 |
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| 121 | 126 | | from want of will or understanding, shall be void. No marriage followed by cohabitation and the 22 |
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| 122 | 127 | | birth of issue shall be declared void after the death of either of the parties for any of the causes 23 |
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| 123 | 128 | | stated in this section except for bigamy. A marriage contracted under a representation and belief 24 |
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| 124 | 129 | | that the female partner to the marriage is pregnant, followed by the separation of the parties 25 |
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| 125 | 130 | | within 45 days of the marriage which separation has been continuous for a period of one year, 26 |
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| 126 | 131 | | shall be voidable unless a child shall have been born to the parties within 10 lunar months of the 27 |
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| 127 | 132 | | date of separation." 28 |
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| 128 | 133 | | SECTION 5. G.S. 51-16 reads as rewritten: 29 |
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| 129 | 134 | | "§ 51-16. Form of license. 30 |
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| 130 | 135 | | License shall be in the following or some equivalent form: 31 |
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| 131 | 136 | | To any ordained minister of any religious denomination, minister authorized by a church, any 32 |
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| 132 | 137 | | magistrate, or any other person authorized to solemnize a marriage under the laws of this State: 33 |
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| 133 | 138 | | A.B. having applied to me for a license for the marriage of C.D. (the name of the man to be 34 |
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| 134 | 139 | | written in full) of (here state his residence), aged ____ years (race, as the case may be), the son 35 |
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| 135 | 140 | | of (here state the father and mother, if known; state whether they are living or dead, and their 36 |
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| 136 | 141 | | residence, if known; if any of these facts are not known, so state), and E.F. (write the name of 37 |
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| 137 | 142 | | the woman in full) of (here state her residence), aged ____ years (race, as the case may be), the 38 |
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| 138 | 143 | | daughter of (here state names and residences of the parents, if known, as is required above with 39 |
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| 139 | 144 | | respect to the man). (If either of the parties is under 18 years of age, the license shall here contain 40 |
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| 140 | 145 | | the following:) And the written consent of G.H., father (or mother, etc., as the case may be) to 41 |
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| 141 | 146 | | the proposed marriage having been filed with me, man) and there being no legal impediment to 42 |
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| 142 | 147 | | such marriage known to me, you are hereby authorized, at any time within 60 days from the date 43 |
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| 143 | 148 | | hereof, to celebrate the proposed marriage at any place within the State. You are required within 44 |
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| 144 | 149 | | 10 days after you shall have celebrated such marriage, to return this license to me at my office 45 |
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| 145 | 150 | | with your signature subscribed to the certificate under this license, and with the blanks therein 46 |
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| 146 | 151 | | filled according to the facts, under penalty of forfeiting two hundred dollars ($200.00) to the use 47 |
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| 147 | 152 | | of any person who shall sue for the same. 48 |
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| 148 | 153 | | Issued this ____ day of ____, ____ 49 |
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| 149 | 154 | | ____________________ L.M. 50 |
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| 150 | 155 | | Register of Deeds of ____ County 51 General Assembly Of North Carolina Session 2025 |
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| 152 | 157 | | Every register of deeds shall, at the request of an applicant, designate in a marriage license 1 |
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| 153 | 158 | | issued the race of the persons proposing to marry by inserting in the blank after the word "race" 2 |
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| 154 | 159 | | the words "white," "black," "African-American," "American Indian," "Alaska Native," "Asian 3 |
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| 155 | 160 | | Indian," "Chinese," "Filipino," "Japanese," "Korean," "Vietnamese," "Other Asian," "Native 4 |
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| 156 | 161 | | Hawaiian," "Guamarian," "Chamorro," "Samoan," "Other Pacific Islander," "Mexican," 5 |
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| 157 | 162 | | "Mexican-American," "Chicano," "Puerto Rican," "Cuban," "Other Spanish/Hispanic/Latino," or 6 |
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| 158 | 163 | | "other," as the case may be. The certificate shall be filled out and signed by the minister, officer, 7 |
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| 159 | 164 | | or other authorized individual celebrating the marriage, and also be signed by two witnesses 8 |
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| 160 | 165 | | present at the marriage, who shall add to their names their place of residence, as follows: 9 |
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| 161 | 166 | | I, N.O., an ordained or authorized minister or other authorized individual of (here state to 10 |
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| 162 | 167 | | what religious denomination, or magistrate, as the case may be), united in matrimony (here name 11 |
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| 163 | 168 | | the parties), the parties licensed above, on the ___ day of ______, ___, at the house of P.R., in 12 |
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| 164 | 169 | | (here name the town, if any, the township and county), according to law. 13 |
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| 165 | 170 | | ________________ N.O. 14 |
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| 166 | 171 | | Witness present at the marriage: 15 |
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| 167 | 172 | | S.T., of (here give residence)." 16 |
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| 168 | 173 | | SECTION 6. G.S. 51-17 reads as rewritten: 17 |
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| 169 | 174 | | "§ 51-17. Penalty for issuing license unlawfully. 18 |
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| 170 | 175 | | Every register of deeds who knowingly or without reasonable inquiry, personally or by 19 |
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| 171 | 176 | | deputy, issues a license for the marriage of any two persons to which there is any lawful 20 |
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| 172 | 177 | | impediment, or where either of the persons is under the age of 18 years, without the consent 21 |
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| 173 | 178 | | required by law, shall forfeit and pay two hundred dollars ($200.00) to any parent, guardian, or 22 |
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| 174 | 179 | | other person standing in loco parentis, who sues for the same: Provided, that requiring a party to 23 |
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| 175 | 180 | | a proposed marriage to present a certified copy of his or her birth certificate, or a certified copy 24 |
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| 176 | 181 | | of his or her birth record in the form of a birth registration card as provided in G.S. 130-102, in 25 |
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| 177 | 182 | | accordance with the provisions of G.S. 51-8, shall be considered a reasonable inquiry into the 26 |
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| 178 | 183 | | matter of the age of such party." 27 |
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| 179 | 184 | | SECTION 7. This act becomes effective October 1, 2025, and applies to marriages 28 |
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| 180 | 185 | | solemnized on or after that date. 29 |
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