State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2006: S/E marriage; minimum age

PRIME SPONSOR: Representative Ugenti-Rita, LD 23

BILL STATUS: Caucus & COW

                JPS: DPA/SE 8-1-0-0

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the minimum age for marriage.

Provisions

1.       Prohibits marriage by any person who is under 16 years of age. (Sec 1)

2.       Stipulates that a person who is 16 or 17 years of age may marry only if the person's prospective spouse is not more than three years older than the person and either:

a.       The person is emancipated; or

b.       The parent or guardian with custody consents to the marriage. (Sec 1)

3.       Prohibits the clerk of the court from issuing a marriage license to a person under 18 years of age who does not meet these requirements. (Sec 1)

4.       Makes technical and conforming changes. (Sec 1, 2)

Current Law

A.R.S. Title 25, Ch 1 outlines requirements for marriages. A.R.S. § 25-121 requires persons who wish to be married to obtain a license from the clerk of the superior court. An oath and affidavit is required, including the person's name, age and address.  The license expires one year from issuance.

A.R.S. § 25-102 requires parental consent for the marriage of any person under 18 years of age. Additional findings are required by the court if the person is under 16 years of age. The clerk of the court is prohibited from issuing a marriage license unless parental consent is obtained for anyone under 18 (A.R.S. § 25-122).

A.R.S. Title 12, Ch. 15 outlines the process for a minor to be emancipated. A minor must be at least 16 years of age to seek emancipation and must meet specific requirements outlined in statute (A.R.S. § 12-2451).  The court determines emancipation based on the best interests of the minor, considering specific factors (A.R.S. § 12-2453). Under A.R.S. § 12-2454, if an emancipation order is issued, it recognizes the minor as an adult in the following situations:

·         The right to enter contracts;

·         The ability to sue and be sued;

·         Right to buy and sell property

·         Right to establish a legal residence;

·         The obligation to pay child support;

·         The right to incur debts;

·         The right to access medical treatment and records;

·         The right to consent to medical, dental and psychiatric care for the minor and the minor's child;

·         Eligibility for social services;

·         The right to obtain licenses;

·         Right to apply for school or college enrollment; and

·         Ability to apply for loans.

An emancipation order terminates the parent's:

·         Right to the minor's income;

·         Future child support obligations;

·         Tort liability for the minor's actions;

·         Obligation to financially support the minor; and

·         Obligation to provide medical support for the minor.

 

 

 

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Fifty-third Legislature                  HB 2006

Second Regular Session                               Version 2: Caucus & COW

 

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