06 LC 37
0016
House
Bill 1028
By:
Representatives Forster of the
3rd,
Neal of the
1st,
and Williams of the
4th
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 require the applicants to be at least 16 years
of age in the case of pregnancy or live birth; 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
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
if they are
both 16 years of age or older without having parental
content;∀
SECTION
2.
Said
chapter is further amended by striking in its entirety subsection (b) of 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:
∀(b)
In cases where either or both of the applicants have not yet reached the age of
16
18
years, the underage applicant or applicants must submit evidence
of parental
consent pursuant to Code Section 19-3-37
or 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
if both are 16
years of age or older. 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
and both are
16 years of age or older, 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.