01-08 16:17 S.B. 76
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Marriage Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
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LONG TITLE
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General Description:
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This bill addresses the marriage of a minor.
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Highlighted Provisions:
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This bill:
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▸ does not allow the juvenile court to issue a written authorization for a minor to marry if
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there is an age difference between the parties of more than four years;
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▸ requires a 72-hour waiting period before the juvenile court can issue a written
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authorization for a minor to marry; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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81-2-304, as renumbered and amended by Laws of Utah 2024, Chapter 366
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 81-2-304 is amended to read:
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81-2-304 . Marriage of a minor -- Consent of parent or guardian -- Juvenile court
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authorization.
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(1)(a) If an applicant is a minor at the time of applying for a license, a county clerk may
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not issue a marriage license without the signed consent of the minor's parent or legal
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guardian given in person to the clerk, except that:
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(i) if the parents of the minor are divorced, consent shall be given by the parent
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having legal custody of the minor as evidenced by an oath of affirmation to the
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clerk;
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(ii) if the parents of the minor are divorced and have been awarded joint custody of S.B. 76 01-08 16:17
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the minor, consent shall be given by the parent having physical custody of the
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minor the majority of the time as evidenced by an oath of affirmation to the clerk;
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or
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(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
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consent and provide proof of guardianship by court order as well as an oath of
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affirmation.
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(b) Each applicant, and the minor's consenting parent or legal guardian if an applicant is
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a minor, shall appear in person before the county clerk and provide legal
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documentation to establish the following information:
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(i) the legal relationship between the minor and the minor's parent or legal guardian;
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(ii) the legal name and identity of the minor; and
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(iii) the birth date of each applicant.
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(c) An individual may present the following documents to satisfy a requirement
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described in Subsection (1)(b):
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(i) for verifying the legal relationship between the minor and the minor's parent or
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legal guardian, one of the following:
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(A) the minor's certified birth certificate with the name of the parent, and an
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official translation if the birth certificate is in a language other than English;
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(B) a report of a birth abroad with the name of the minor and the parent;
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(C) a certified adoption decree with the name of the minor and the parent; or
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(D) a certified court order establishing custody or guardianship between the minor
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and the parent or legal guardian;
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(ii) for verifying the legal name and identity of the minor, one of the following:
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(A) an expired or current passport;
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(B) a driver's license;
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(C) a certificate of naturalization;
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(D) a military identification
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(E) a state identification card; or
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(F) a government employee identification card from a federal, state, or municipal
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government; and
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(iii) for verifying the birth date of each applicant, one of the following for each
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applicant:
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(A) a certified birth certificate;
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(B) a report of a birth abroad;
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(C) a certificate of naturalization;
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(D) a certificate of citizenship;
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(E) a passport;
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(F) a driver's license; or
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(G) a state identification card.
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(d) An individual may not use a temporary or altered document to satisfy a requirement
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described in Subsection (1)(b).
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(2)(a) The minor and the parent or legal guardian of the minor shall obtain a written
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authorization to marry from:
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(i) a judge of the court exercising juvenile jurisdiction in the county where either
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party to the marriage resides; or
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(ii) a court commissioner as permitted by rule of the Judicial Council.
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(b) Before issuing written authorization for a minor to marry, the judge or court
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commissioner shall determine:
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(i) that the minor is entering into the marriage voluntarily; and
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(ii) the marriage is in the best interest of the minor under the circumstances.
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(c) The judge or court commissioner shall require that both parties to the marriage
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complete premarital counseling, except the requirement for premarital counseling
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may be waived if premarital counseling is not reasonably available.
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(d) The judge or court commissioner may require:
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(i) that the minor continue to attend school, unless excused under Section 53G-6-204;
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and
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(ii) any other conditions that the court deems reasonable under the circumstances.
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(e) The judge or court commissioner may not issue a written authorization [to the minor]
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for a minor to marry if the age difference between both parties to the marriage is
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more than [seven] four years.
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(f) The judge or court commissioner may not issue a written authorization for a minor to
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marry until at least 72 hours after the time at which the minor and the minor's parent
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or legal guardian file the petition for the written authorization.
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(3)(a) The determination required in Subsection (2) shall be made on the record.
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(b) Any inquiry conducted by the judge or commissioner may be conducted in chambers.
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(4)(a) A parent or legal guardian who knowingly consents or allows a minor to enter
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into a marriage prohibited by law is guilty of a third degree felony.
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(b) An individual is guilty of a third degree felony if the individual:
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(i) knowingly, with or without a license, solemnizes the marriage of an individual
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who is younger than 18 years old and the marriage is prohibited by law;
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(ii) without a written authorization from the juvenile court, solemnizes a marriage to
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which a party is a minor;
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(iii) impersonates a parent or legal guardian of a minor to obtain a license for the
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minor to marry; or
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(iv) forges the name of a parent or legal guardian of a minor on any writing
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purporting to give consent to a marriage of a minor.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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