Utah 2025 Regular Session

Utah Senate Bill SB0076 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ S.B. 76
	1	+	01-08 16:17 S.B. 76
2	2		1
3	3		Marriage Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Jen Plumb
7		-	House Sponsor: Ariel Defay
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
13	12		General Description:
14	13		5
15	14		This bill addresses the marriage of a minor.
16	15		6
17	16		Highlighted Provisions:
18	17		7
19	18		This bill:
20	19		8
21	20		▸ does not allow the juvenile court to issue a written authorization for a minor to marry if
22	21		9
23	22		there is an age difference between the parties of more than four years;
24	23		10
25	24		▸ requires a 72-hour waiting period before the juvenile court can issue a written
26	25		11
27	26		authorization for a minor to marry; and
28	27		12
29	28		▸ makes technical and conforming changes.
30	29		13
31	30		Money Appropriated in this Bill:
32	31		14
33	32		None
34	33		15
35	34		Other Special Clauses:
36	35		16
37	36		None
38	37		17
39	38		Utah Code Sections Affected:
40	39		18
41	40		AMENDS:
42	41		19
43	42		81-2-304, as renumbered and amended by Laws of Utah 2024, Chapter 366
44	43		20
45	44
46	45		21
47	46		Be it enacted by the Legislature of the state of Utah:
48	47		22
49	48		Section 1. Section 81-2-304 is amended to read:
50	49		23
51	50		81-2-304 . Marriage of a minor -- Consent of parent or guardian -- Juvenile court
52	51		24
53	52		authorization.
54	53		25
55	54		(1)(a) If an applicant is a minor at the time of applying for a license, a county clerk may
56	55		26
57	56		not issue a marriage license without the signed consent of the minor's parent or legal
58	57		27
59	58		guardian given in person to the clerk, except that:
60	59		28
61		-	(i) if the parents of the minor are divorced, consent shall be given by the parent ~~S.B. 76 Enrolled Copy~~
	60	+	(i) if the parents of the minor are divorced, consent shall be given by the parent
62	61		29
63	62		having legal custody of the minor as evidenced by an oath of affirmation to the
64	63		30
65	64		clerk;
66	65		31
67		-	(ii) if the parents of the minor are divorced and have been awarded joint custody of
	66	+	(ii) if the parents of the minor are divorced and have been awarded joint custody of S.B. 76 01-08 16:17
68	67		32
69	68		the minor, consent shall be given by the parent having physical custody of the
70	69		33
71	70		minor the majority of the time as evidenced by an oath of affirmation to the clerk;
72	71		34
73	72		or
74	73		35
75	74		(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
76	75		36
77	76		consent and provide proof of guardianship by court order as well as an oath of
78	77		37
79	78		affirmation.
80	79		38
81	80		(b) Each applicant, and the minor's consenting parent or legal guardian if an applicant is
82	81		39
83	82		a minor, shall appear in person before the county clerk and provide legal
84	83		40
85	84		documentation to establish the following information:
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87	86		(i) the legal relationship between the minor and the minor's parent or legal guardian;
88	87		42
89	88		(ii) the legal name and identity of the minor; and
90	89		43
91	90		(iii) the birth date of each applicant.
92	91		44
93	92		(c) An individual may present the following documents to satisfy a requirement
94	93		45
95	94		described in Subsection (1)(b):
96	95		46
97	96		(i) for verifying the legal relationship between the minor and the minor's parent or
98	97		47
99	98		legal guardian, one of the following:
100	99		48
101	100		(A) the minor's certified birth certificate with the name of the parent, and an
102	101		49
103	102		official translation if the birth certificate is in a language other than English;
104	103		50
105	104		(B) a report of a birth abroad with the name of the minor and the parent;
106	105		51
107	106		(C) a certified adoption decree with the name of the minor and the parent; or
108	107		52
109	108		(D) a certified court order establishing custody or guardianship between the minor
110	109		53
111	110		and the parent or legal guardian;
112	111		54
113	112		(ii) for verifying the legal name and identity of the minor, one of the following:
114	113		55
115	114		(A) an expired or current passport;
116	115		56
117	116		(B) a driver's license;
118	117		57
119	118		(C) a certificate of naturalization;
120	119		58
121	120		(D) a military identification
122	121		59
123	122		(E) a state identification card; or
124	123		60
125	124		(F) a government employee identification card from a federal, state, or municipal
126	125		61
127	126		government; and
128	127		62
129	128		(iii) for verifying the birth date of each applicant, one of the following for each
130		-	- 2 - Enrolled Copy S.B. 76
131	129		63
132	130		applicant:
133	131		64
134	132		(A) a certified birth certificate;
135	133		65
136	134		(B) a report of a birth abroad;
	135	+	- 2 - 01-08 16:17 S.B. 76
137	136		66
138	137		(C) a certificate of naturalization;
139	138		67
140	139		(D) a certificate of citizenship;
141	140		68
142	141		(E) a passport;
143	142		69
144	143		(F) a driver's license; or
145	144		70
146	145		(G) a state identification card.
147	146		71
148	147		(d) An individual may not use a temporary or altered document to satisfy a requirement
149	148		72
150	149		described in Subsection (1)(b).
151	150		73
152	151		(2)(a) The minor and the parent or legal guardian of the minor shall obtain a written
153	152		74
154	153		authorization to marry from:
155	154		75
156	155		(i) a judge of the court exercising juvenile jurisdiction in the county where either
157	156		76
158	157		party to the marriage resides; or
159	158		77
160	159		(ii) a court commissioner as permitted by rule of the Judicial Council.
161	160		78
162	161		(b) Before issuing written authorization for a minor to marry, the judge or court
163	162		79
164	163		commissioner shall determine:
165	164		80
166	165		(i) that the minor is entering into the marriage voluntarily; and
167	166		81
168	167		(ii) the marriage is in the best interest of the minor under the circumstances.
169	168		82
170	169		(c) The judge or court commissioner shall require that both parties to the marriage
171	170		83
172	171		complete premarital counseling, except the requirement for premarital counseling
173	172		84
174	173		may be waived if premarital counseling is not reasonably available.
175	174		85
176	175		(d) The judge or court commissioner may require:
177	176		86
178	177		(i) that the minor continue to attend school, unless excused under Section 53G-6-204;
179	178		87
180	179		and
181	180		88
182	181		(ii) any other conditions that the court deems reasonable under the circumstances.
183	182		89
184	183		(e) The judge or court commissioner may not issue a written authorization [to the minor]
185	184		90
186	185		for a minor to marry if the age difference between both parties to the marriage is
187	186		91
188	187		more than [seven] four years.
189	188		92
190	189		(f) The judge or court commissioner may not issue a written authorization for a minor to
191	190		93
192	191		marry until at least 72 hours after the time at which the minor and the minor's parent
193	192		94
194	193		or legal guardian file the petition for the written authorization.
195	194		95
196	195		(3)(a) The determination required in Subsection (2) shall be made on the record.
197	196		96
198	197		(b) Any inquiry conducted by the judge or commissioner may be conducted in chambers.
199		-	- 3 - S.B. 76 Enrolled Copy
200	198		97
201		-	(4)(a) A parent or legal guardian who knowingly consents or allows a minor to enter ~~into~~
	199	+	(4)(a) A parent or legal guardian who knowingly consents or allows a minor to enter
202	200		98
203		-	a marriage prohibited by law is guilty of a third degree felony.
	201	+	into a marriage prohibited by law is guilty of a third degree felony.
204	202		99
205	203		(b) An individual is guilty of a third degree felony if the individual:
	204	+	- 3 - S.B. 76 01-08 16:17
206	205		100
207	206		(i) knowingly, with or without a license, solemnizes the marriage of an individual
208	207		101
209	208		who is younger than 18 years old and the marriage is prohibited by law;
210	209		102
211	210		(ii) without a written authorization from the juvenile court, solemnizes a marriage to
212	211		103
213	212		which a party is a minor;
214	213		104
215	214		(iii) impersonates a parent or legal guardian of a minor to obtain a license for the
216	215		105
217	216		minor to marry; or
218	217		106
219	218		(iv) forges the name of a parent or legal guardian of a minor on any writing
220	219		107
221	220		purporting to give consent to a marriage of a minor.
222	221		108
223	222		Section 2. Effective Date.
224	223		109
225	224		This bill takes effect on May 7, 2025.
226	225		- 4 -