06 HB 847/AP
House
Bill 847 (AS PASSED HOUSE AND SENATE)
By:
Representatives Butler of the
18th,
Oliver of the
83rd,
and Smith of the
70th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 15 and Chapter 3 of Title 19 of the Official Code of
Georgia Annotated, relating to juvenile proceedings and marriage generally, so
as to establish the conditions for minors to become emancipated by law; to
provide for definitions; to provide for the rights and duties of parents, and
guardians; to provide for court proceedings for emancipation; to provide for
powers of the court relative to an emancipation proceeding; to provide for
rescission and the effect of rescission on obligations, rights, or interests; to
provide for the rights and responsibilities of an emancipated minor; to provide
that a person be at least 18 years of age in order to contract for marriage
except under limited circumstances; to repeal an exception to such age
requirement in the case of pregnancy or live birth; to repeal an exception to
parental consent based upon pregnancy or live birth; to change certain
provisions relating to proof of age for applicants to marry; to change certain
provisions relating to parental consent; to repeal a provision relating to
notification of parents for underage applicants and additional fees; to amend
Titles 1, 13, 19, and 44, relating respectively to general provisions,
contracts, domestic relations, and property, so as to correct cross-references;
to change certain provisions relating to rights of minors; to change certain
provisions relating to
minorś
contracts for property or valuable consideration or necessaries; to change
certain provisions relating to in whom parental power lies; to change certain
provisions relating to
parentś
obligation to child born out of wedlock; to change certain provisions relating
to abandonment of a dependent child; to change certain provisions relating to
voidance and ratification of conveyance to or by an infant; to change certain
provisions relating to reversion of property set apart for spouse, children, or
dependents; 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
11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile
proceedings, is amended by adding a new article to the end of the chapter, to
read as follows:
"ARTICLE
6
15-11-200.
As
used in this article, the term:
(1)
'Emancipation' means termination of the rights of the parents to the custody,
control, services, and earnings of a minor.
(2)
'Minor' means a person who is at least 16 but less than 18 years of
age.
(3)
'Parents' has the same meaning as set forth in Code Section
15-11-2.
15-11-201.
(a)
Emancipation may occur by operation of law or pursuant to a petition filed by a
minor with the juvenile court as provided in this article.
(b)
An emancipation occurs by operation of law:
(1)
When a minor is validly married;
(2)
When a person reaches the age of 18 years; or
(3)
During the period when the minor is on active duty with the armed forces of the
United States.
(c)
An emancipation occurs by court order pursuant to a petition filed by a minor
with the juvenile court as provided in Code Sections 15-11-202 through
15-11-207.
15-11-202.
A
minor seeking emancipation shall file a petition for emancipation in the
juvenile court in the county where the minor resides. The petition shall be
signed and verified by the minor, and shall include:
(1)
The
minoŕs
full name and birth date, and the county and state where the minor was
born;
(2)
A certified copy of the
minoŕs
birth certificate;
(3)
The name and last known address of the
minoŕs
parents or guardian, and if no parent or guardian can be found, the name and
address of the
minoŕs
nearest living relative residing within this state;
(4)
The
minoŕs
present address and length of residency at that address;
(5)
A declaration by the minor indicating that he or she has demonstrated the
ability to manage his or her financial affairs; the minor may include any
information he or she considers necessary to support the
declaration;
(6)
A declaration by the minor indicating that he or she has the ability to manage
his or her personal and social affairs; the minor may include any information he
or she considers necessary to support the declaration; and
(7)
The names of adults who have personal knowledge of the
minoŕs
circumstances and believe that under those circumstances emancipation is in the
best interest of the minor. Such individuals may include any of the
following:
(A)
Physician or osteopath licensed pursuant to Chapter 34 of Title 43;
(B)
Registered professional nurse or licensed practical nurse licensed pursuant to
Chapter 26 of Title 43;
(C)
Psychologist licensed pursuant to Chapter 39 of Title 43;
(D)
Professional counselor, social worker, or marriage and family therapist licensed
pursuant to Chapter 10A of Title 43;
(E)
School guidance counselor, school social worker, or school
psychologist;
(F)
School administrator, school principal, or school teacher;
(G)
Member of the clergy;
(H)
Law enforcement officer; or
(I)
Attorney.
15-11-203.
(a)
Upon filing the petition, a copy of the petition for emancipation and a summons
to appear at the hearing shall be served on the
minoŕs
parents or guardian, if applicable, upon any individual who provided an
affidavit as set forth in paragraph (7) of Code Section 15-11-202, and any other
individual named in the petition.
(b)
Any individual served with the petition for emancipation may file an answer to
such petition in the juvenile court within 30 days of being served.
15-11-204.
(a)
After a petition for emancipation is filed, the court may:
(1)
Assign an employee of the court or appoint a guardian ad litem to investigate
the allegations of the petition and to file a report containing the results of
the investigation with the court, including a recommendation as to whether it is
in the best interest of the minor that the petition for emancipation be
granted;
(2)
Appoint an attorney for the minor; and
(3)
Appoint an attorney for the
minoŕs
parents or guardian if they are indigent and if they oppose the
petition.
(b)
After a petition for emancipation is filed, the court shall seek an affidavit
from each individual identified in the petition pursuant to paragraph (7) of
Code Section 15-11-202 which describes why the individual believes the minor
should be emancipated.
15-11-205.
(a)
The hearing shall be before a judge; and the court shall issue an emancipation
order if it determines that emancipation is in the best interest of the minor
and the minor establishes:
(1)
That the
minoŕs
parent or guardian does not object to the petition; or if a parent or guardian
objects to the petition, that the best interest of the child is served by
allowing the emancipation to occur by court order;
(2)
That the minor is a resident of this state;
(3)
That the minor has demonstrated the ability to manage his or her financial
affairs, including proof of employment or other means of support; 'other means
of support' does not include general assistance or aid received from
means-tested public assistance programs such as Temporary Assistance for Needy
Families or similar programs under Title IV-A of the federal Social Security
Act;
(4)
That the minor has the ability to manage his or her personal and social affairs,
including, but not limited to, proof of housing; and
(5)
That the minor understands his or her rights and responsibilities under this
article as an emancipated minor.
(b)
A minor who petitions the court for emancipation shall have the burden of
showing by a preponderance of evidence that emancipation should be ordered.
(c)
If the court issues an emancipation order, the court shall retain a copy of the
order until the emancipated minor becomes 25 years of age.
(d)
An emancipation obtained by fraud is voidable. Voiding an emancipation order
does not affect an obligation, responsibility, right, or interest that arose
during the period of time the order was in effect.
(e)
The minor or a parent or guardian of the minor may appeal the
court́s
grant or denial of an emancipation petition. The appeal shall be filed in the
Court of Appeals.
15-11-206.
(a)
A minor emancipated by court order may petition the juvenile court that issued
the emancipation order to rescind such order.
(b)
A copy of the petition for rescission and a summons shall be served on the
minoŕs
parents or guardian.
(c)
The court shall grant the petition and rescind the order of emancipation if it
finds:
(1)
That the minor is indigent and has no means of support;
(2)
That the minor and the
minoŕs
parents or guardian agrees that the order should be rescinded; or
(3)
That there is a resumption of family relations inconsistent with the existing
emancipation order.
(d)
If a petition for rescission is granted, the court shall issue an order
rescinding the emancipation order and retain a copy of the order until the minor
becomes 25 years of age.
(e)
Rescission of an emancipation order does not alter any contractual obligations
or rights or any property rights or interests that arose during the period of
time that the emancipation order was in effect.
(f)
The minor or a parent or guardian of the minor may appeal the
court́s
grant or denial of a petition for rescission of an emancipation order. The
appeal shall be filed in the Court of Appeals.
15-11-207.
(a)
A minor emancipated by operation of law or by court order shall be considered to
have the rights and responsibilities of an adult, except for those specific
constitutional and statutory age requirements regarding voting, use of alcoholic
beverages, and other health and safety regulations relevant to the minor because
of his or her age. The rights of a minor to receive any transfer of property or
money pursuant to 'The Georgia Transfers to Minors Act' under Article 5 of
Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform
Gift to Minors Act, or other substantially similar act of another state; or
pursuant to a trust agreement shall not be affected by a declaration of an
emancipation under this article.
(b)
A minor shall be considered emancipated for the purposes of, but not limited to:
(1)
The right to enter into enforceable contracts, including apartment
leases;
(2)
The right to sue or be sued in his or her own name;
(3)
The right to retain his or her own earnings;
(4)
The right to establish a separate domicile;
(5)
The right to act autonomously, and with the rights and responsibilities of an
adult, in all business relationships, including, but not limited to, property
transactions and obtaining accounts for utilities, except for those estate or
property matters that the court determines may require a conservator or guardian
ad litem;
(6)
The right to earn a living, subject only to the health and safety regulations
designed to protect those under the age of 18 regardless of their legal status;
(7)
The right to authorize his or her own preventive health care, medical care,
dental care, and mental health care, without parental knowledge or
liability;
(8)
The right to apply for a
driveŕs
license or other state licenses for which he or she might be
eligible;
(9)
The right to register for school;
(10)
The right to apply for medical assistance programs and for other welfare
assistance, if needed;
(11)
The right, if a parent, to make decisions and give authority in caring for his
or her own minor child; and
(12)
The right to make a will.
(c)
The parents or guardian of a minor emancipated by court order are not liable for
any debts incurred by the minor during the period of emancipation.
15-11-208.
(a)
The duty to provide support for a minor child shall continue until an
emancipation order is granted.
(b)
A child emancipated under this article shall not be considered a 'deprived
child' for purposes of Part 6 of Article 1 of this chapter.
(c)
The provisions set forth in Code Section 19-3-2 regarding age limitations to
contract for marriage shall apply to a minor who has become emancipated under
this
article."
SECTION
2.
Title
1 of the Official Code of Georgia Annotated, relating to general provisions, is
amended by striking Code Section 1-2-8, relating to rights of minors, and
inserting in lieu thereof the following:
"1-2-8.
The
law prescribes certain ages at which persons shall be considered of sufficient
maturity to discharge certain civil functions, to make contracts, and to dispose
of property. Prior to those ages they are minors and are, on account of that
disability, unable to exercise these rights as citizens
unless such
minor becomes emancipated by operation of law or pursuant to Article 6 of
Chapter 11 of Title
15."
SECTION
3.
Title
13 of the Official Code of Georgia Annotated, relating to contracts, is amended
by striking Code Section 13-3-20, relating to
minorś
contracts for property or valuable consideration or necessaries, and inserting
in lieu thereof the following:
"13-3-20.
(a)
Generally the contract of a minor is voidable. If in a contractual transaction a
minor receives property or other valuable consideration and, after arrival at
the age of
majority
18,
retains possession of such property or continues to enjoy the benefit of such
other valuable consideration,
he
the
minor shall have thereby ratified or
affirmed the contract and it shall be binding on him
or
her.
Such
contractual transaction shall also be binding upon any minor who becomes
emancipated by operation of law or pursuant to Article 6 of Chapter 11 of Title
15.
(b)
The contract of a minor for necessaries shall be binding on
him as if
he were of legal majority
the minor as
if the minor were 18 years of age except
that the party furnishing them to
him
must
the minor
shall prove that the parent or guardian of
such minor had failed or refused to supply sufficient necessaries for
him
the minor,
that the minor was emancipated by operation of law, or the minor was emancipated
pursuant to Article 6 of Chapter 11 of Title
15."
SECTION
4.
Title
19 of the Official Code of Georgia Annotated, relating to domestic relations, is
amended by striking subsection (a) of Code Section 19-7-1, relating to in whom
parental power lies, and inserting in lieu thereof the following:
"(a)
Until
he
a
child reaches the age of
majority
18 or becomes
emancipated, the child shall remain under
the control of his
or
her parents, who are entitled to
his
the
child́s
services and the proceeds of
his
the
child́s
labor. In the event that a court has awarded custody of the child to one parent,
only the parent who has custody of the child is entitled to
his
the
child́s
services and the proceeds of
his
the
child́s
labor."
SECTION
5.
Said
title is further amended by striking Code Section 19-7-24, relating to
parentś
obligation to child born out of wedlock, and inserting in lieu thereof the
following:
"19-7-24.
It
is the joint and several duty of each parent of a child born out of wedlock to
provide for the maintenance, protection, and education of the child until
he
the
child reaches the age of
majority
18 or becomes
emancipated, except to the extent that the
duty of one parent is otherwise or further defined by court
order."
SECTION
6.
Said
title is further amended by striking paragraph (2) of subsection (j) of Code
Section 19-10-1, relating to abandonment of a dependent child, and inserting in
lieu thereof the following:
"(2)
Service of any sentence suspended in abandonment cases may be ordered by the
court having jurisdiction thereof at any time before the child or children reach
the age of
majority
18 or become
emancipated, after a hearing as provided
in paragraph (1) of this subsection and a finding by the court that the
defendant has failed or refused to comply with the terms and conditions upon
which service of the sentence was suspended by the court having jurisdiction
thereof."
SECTION
6A.
Chapter
3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage
generally, is amended by striking Code Section 19-3-2, relating to who may
contract marriage, and inserting in lieu thereof the following:
"19-3-2.
(a)
To be able to contract marriage, a person must:
(1)
Be of sound mind;
(2)
Except as
provided in subsection (b) of this Code section,
be
Be
at least
16
18
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;
(3)
Have no living spouse of a previous undissolved marriage. The dissolution of a
previous marriage in divorce proceedings must be affirmatively established and
will not be presumed. Nothing in this paragraph shall be construed to affect
the legitimacy of children; and
(4)
Not be related to the prospective spouse by blood or marriage within the
prohibited degrees.
(b)
If either applicant for marriage is 16 or 17 years of age, parental consent as
provided in Code Section 19-3-37 shall be
required."
SECTION
6B.
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.
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 or that such limitations are
not required by virtue of an order issued pursuant to Code Section 15-11-183.
If the judge does not know of his or her own knowledge the age of a party for
whom a marriage license is sought, the judge shall require the applicant to
furnish the court 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."
SECTION
6C.
Said
chapter is further amended by striking 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
are 16 or 17
years of age, 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
shall
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
6D.
Said
chapter is further amended by striking and reserving Code Section 19-3-38,
relating to notification of parents of underage applicants and an additional
fee, and inserting in lieu thereof the following:
"19-3-38.
The
judge of the probate court shall be required, in all cases where parental
consent is not required under Code Sections 19-3-2, 19-3-36, and 19-3-37, to
notify the parents of any male or female 17 years of age or younger who applies
for a marriage license. The parents shall be notified immediately by first-class
mail at their last known address. In license applications which require
notification of parents under this Code section, the judge shall collect an
additional fee of $1.00, which shall be in addition to any other fee authorized
by law.
Reserved."
SECTION
7.
Title
44 of the Official Code of Georgia Annotated, relating to property, is amended
by striking Code Section 44-5-41, relating to voidance and ratification of
conveyance to or by an infant, and inserting in lieu thereof the following:
"44-5-41.
A
deed, security deed, bill of sale to secure debt, or any other conveyance of
property or interest in property to or by a minor is voidable
unless such
minor has become emancipated by operation of law or pursuant to Article 6 of
Chapter 11 of Title 15. If a minor has
conveyed property or an interest in property,
he
the
minor may void the conveyance upon arrival
at the age of
majority
18;
and, if
he
the
minor makes another conveyance at that
time, it will void the first conveyance without reentry or repossession. If
property or an interest in property has been conveyed to a minor and, after
arrival at the age of
majority
18,
he
the
minor retains the possession or benefit of
the property or interest in property,
he
the
minor shall have thereby ratified or
affirmed the
conveyance."
SECTION
8.
Said
title is further amended by striking Code Section 44-13-20, relating to
reversion of property set apart for spouse, children, or dependents, and
inserting in lieu thereof the following:
"44-13-20.
Property
set apart pursuant to Code Section 44-13-2 for a spouse, for a spouse and minor
children, for minor children alone, or for dependents of a debtor (1) upon the
death of the spouse or the
spousés
remarriage, when set apart to the spouse alone, (2) upon the attaining of the
age of
majority
18
by the minor children or their
marriage
emancipation
during minority, when set apart for the minor children, (3) upon the death or
remarriage of the spouse and the attaining of the age of
majority
18
by the minor children or the
marriage
emancipation
of the minor children, when set apart to the spouse and minor children, and (4)
upon a former dependent
persońs
no longer being eligible to be claimed by the debtor as a dependent for income
tax purposes pursuant to Code Section 48-7-26, shall revert to the estate from
which it was set apart unless it was sold or reinvested pursuant to this
article, in which case this Code section shall apply to and follow all the
reinvestments unless the fee simple has been sold as provided in this
article."
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.