REFERENCE TITLE: marriage of minors; emancipation required




State of Arizona


Fifty-third Legislature

Second Regular Session




SB 1139


Introduced by

Senators Bowie: Borrelli, Bradley, Brophy McGee, Cajero Bedford, Contreras, Dalessandro, Fann, Farley, Hobbs, Mendez, Miranda, Otondo, Peshlakai, Quezada, Worsley





amending section 25‑102, Arizona Revised Statutes; repealing section 25‑122, Arizona Revised Statutes; relating to marriage.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 25-102, Arizona Revised Statutes, is amended to read:

START_STATUTE25-102.  Emancipation required for marriage of minors

A.  Persons A person who is at least sixteen years of age and who is under eighteen years of age shall not may marry without the consent of the parent or guardian having custody of such person only if the person has received an emancipation order pursuant to title 12, chapter 15 or from a court in another state.  Persons who are under sixteen years of age shall not marry. without the consent of the parent or guardian having custody of that person and the approval of any superior court judge in the state.  When both parents are living the consent of either parent is sufficient.  When the parents are living apart, the consent shall be given by the parent who has the custody of the minor.

B.  Before authorizing the marriage of a person who is under sixteen years of age, the court:

1.  Shall require both parties to the marriage to complete premarital counseling.  The court may waive this requirement if the court determines that premarital counseling is not reasonably available.

2.  Must find that the minor is entering into the marriage voluntarily.

3.  Must find that the marriage is in the best interests of the minor under the circumstances.

4.  May require that the minor continue to attend school.

5.  May require any other condition that the court determines is reasonable under the circumstances.

C.  A marriage shall not take place under this section if it is prohibited by the law relating to prohibited and void marriages.

B.  The clerk of the superior court shall not issue a license to a person who is under eighteen years of age and who does not meet the requirements of subsection A of this section. END_STATUTE

Sec. 2.  Repeal

Section 25-122, Arizona Revised Statutes, is repealed.