Bill Text: CA SB575 | 2023-2024 | Regular Session | Amended
Bill Title: Marriage: underage marriage.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-08-23 - Ordered to third reading. [SB575 Detail]
Download: California-2023-SB575-Amended.html
Amended
IN
Senate
January 11, 2024 |
Amended
IN
Senate
January 03, 2024 |
Introduced by Senator Wahab |
February 15, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one of the parents or the guardian of each underage party to the marriage, as specified. Existing law requires the court, if it considers it necessary, as part of the court order granting permission to marry, to require the parties to the prospective marriage of a minor to participate in premarital counseling, as specified.
Existing law provides that 2 unmarried, unrelated adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring may establish a domestic partnership by filing a declaration with the Secretary of State, if
certain requirements are met. Existing law provides that a person under 18 years of age who, together with the person with whom the person proposes to establish a domestic partnership, meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, is capable of consenting to and establishing a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. Under existing law, registered domestic partners have the same rights, protections, and benefits as spouses.
This bill would repeal the authorization for a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership, thereby prohibiting a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership, unless that person is an emancipated minor. The bill would make conforming changes.
(2)Existing law required the State Registrar to create a document no later than March 1, 2020, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. Existing law requires the State Registrar to update that document annually, as specified. Existing law requires the local registrar to submit specified information for the purposes of that report.
This bill would instead require that report to contain information concerning marriage certificates in which one or both of the parties were emancipated minors at the time of solemnization of the marriage.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 102233.1 is added to the Health and Safety Code, to read:102233.1.
(a) (1) The State Registrar shall create a report, disaggregated by county, containing the number of marriage certificates that were transmitted to the State Registrar by a local registrar pursuant to Section 102355 each year between 2019 and 2024, inclusive, in which one or both of the parties were minors at the time of solemnization of the marriage.SEC. 2.
Section 102250 is added to the Health and Safety Code, to read:102250.
(a) (1) The State Registrar shall, upon appropriation, establish a grant program for the purpose of studying extralegal marriages involving minors in the state.SEC. 3.
Section 102356 of the Health and Safety Code is amended to read:102356.
(a) For purposes of Section 102233, the local registrar of marriages shall submit to the State Registrar, at least annually, all of the following information concerning marriage certificates that are accepted for registration by(2)For any marriage certificate described in subdivision (a), the local registrar of marriages is not required to submit any information described in paragraphs (1) to (3), inclusive, of subdivision (a) if the local registrar of marriages did not receive a copy of the court order from the person solemnizing the marriage pursuant to Section 423 of the Family Code. The local registrar of marriages may elect to submit any of that information, if otherwise available, even if he or she did not receive the copy of the court order.