06 LC 33
1033
House
Bill 1016
By:
Representatives Drenner of the
86th,
Forster of the
3rd,
Oliver of the
83rd,
Benfield of the
85th,
Jamieson of the
28th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating
to marriage generally, so as to repeal an exception to the minimum age
requirement to contract marriage in the case of pregnancy or live birth; to
repeal an exception to parental consent based upon pregnancy or live birth; to
revise certain provisions for purposes of conformity; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage
generally, is amended by striking in its entirety paragraph (2) of Code Section
19-3-2, relating to who may contract marriage, and inserting in lieu thereof the
following:
∀(2)
Be at least 16 years of age. If either applicant is under the age of majority,
parental consent shall be required, as provided in Code Section
19-3-37.
However, the age limitations contained in this paragraph shall not apply upon
proof of pregnancy on the part of the female or in instances in which both
applicants are the parents of a living child born out of wedlock, in which case
the parties may contract marriage regardless of
age;∀
SECTION
2.
Said
chapter is further amended by striking in its entirety Code Section 19-3-36,
relating to proof of age of applicants,
physiciańs
certificate of pregnancy or parenthood of applicants under age of 16, inspection
of certificate, and destruction of certificate, and inserting in lieu thereof
the following:
∀19-3-36.
(a)
The judge of the probate court to whom the application for a marriage license is
made shall satisfy himself
or
herself that the provisions set forth in
Code Section 19-3-2 regarding age limitations are met. If the judge does not
know of his or
her own knowledge the age of a party for
whom a marriage license is sought, he
or
she shall require the applicant to furnish
him or
her with documentary evidence of proof of
age in the form of a birth certificate,
driveŕs
license, baptismal certificate, certificate of birth registration, selective
service card, court record, passport, immigration papers, alien papers,
citizenship papers, armed forces discharge papers, armed forces identification
card, or hospital admission card containing the full name and date of birth. In
the event an applicant does not possess any of the above but appears to the
judge to be at least 25 years of age, the applicant, in lieu of furnishing the
judge with one of the above, may give an affidavit to the judge stating the
applicant́s
age. Applicants who have satisfactorily proved that they have reached the age of
majority may be issued a marriage license immediately.
(b)
In cases where either or both of the applicants have not yet reached the age of
16 years, the underage applicant or applicants must submit evidence in the form
of a licensed
physiciańs
certificate that the female is pregnant or evidence that both applicants are
parents of a living child born out of wedlock, in which case the parties may be
issued a marriage license immediately. The certificate signed by a licensed
physician shall be available for inspection by the parents or guardians of
either the female or male applicant under this subsection, prior to the
destruction of the certificate as provided in this subsection; but the
certificate shall not be open to public inspection except on order of a judge of
the superior court. After the birth of the child and upon the presentation of
the birth certificate of the child to the judge of the probate court and the
verification of the accuracy of the birth certificate, the
physiciańs
certificate that the female was pregnant and all records of the certificate
under the control of the judge shall be destroyed. For purposes of this
subsection, the term 'licensed
physiciańs
certificate' shall include only those certificates signed by physicians licensed
under Chapter 34 of Title
43.∀
SECTION
3.
Said
chapter is further amended by striking in its entirety subsection (b) of Code
Section 19-3-37, relating to parental consent to marriage of underage
applicants, when necessary, and how obtained, and inserting in lieu thereof the
following:
∀(b)
When parental consent
required; how obtained.
Except when
the female applicant is pregnant or when both applicants are the parents of a
living child born out of wedlock, in
In
cases where the parties applying for a license have not yet reached the age of
majority, their ages to be proved to the judge of the probate court as provided
in Code Section 19-3-36, the parents or guardians of each underage applicant
must appear in person before the judge and consent to the proposed marriage,
provided that if physical presence because of illness or infirmity is
impossible, an affidavit by the incapacitated parent or guardian along with an
affidavit signed by a licensed attending physician stating that the parent or
guardian is physically incapable of being present shall suffice. The licensed
attending physician shall include only those physicians licensed under Chapter
34 of Title 43 or under corresponding requirements pertaining to licensed
attending physicians in sister
states.∀
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.