Bill Text: NH HB1661 | 2018 | Regular Session | Amended


Bill Title: Relative to a marriage petition by a party under age.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2018-05-09 - Enrolled 05/03/2018 [HB1661 Detail]

Download: New_Hampshire-2018-HB1661-Amended.html

HB 1661 - AS AMENDED BY THE SENATE

 

6Mar2018... 0461h

04/19/2018   1403s

2018 SESSION

18-2681

05/04

 

HOUSE BILL 1661

 

AN ACT relative to a marriage petition by a party under age.

 

SPONSORS: Rep. Gourgue, Straf. 25; Rep. Cilley, Straf. 4; Rep. Read, Rock. 17; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill provides that the court shall not grant permission for a person under the age of consent to marry unless the court finds by clear and convincing evidence that the marriage is in his or her best interest.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0461h

04/19/2018   1403s 18-2681

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to a marriage petition by a party under age.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Petition by a Party Under Age.  Amend RSA 457:6 and RSA 457:7 to read as follows:

457:6  Petition by Party Under Age.

I.  If [special cause exists rendering desirable] the marriage of a person resident in this state, or the marriage of a person who is a nonresident in this state who applies for permission to marry a resident in this state, either person being below the age of consent and above the ages specified in RSA 457:4, is desired, the parties desiring to contract such marriage, with the parent or guardian having the custody of such party below such age, if there be such parent or guardian, may apply in writing to the judicial branch family division having jurisdiction in the location in which one of them resides, for permission to contract such marriage.

II.  The petition shall indicate whether, to the knowledge of the petitioner, the department of health and human services, bureau of child protection services has contacted or been involved with the family of the person under the age of consent.  

III.  As part of the decision making process, the court may conduct an in camera interview of each person under the age of consent, without that person's parent or guardian or the other party to the marriage present.

IV.  Permission to contract such marriage shall be granted only upon clear and convincing evidence that the marriage is in the best interest of the person or persons below the age of consent.

V.  No [waiver] permission shall be granted to persons below the age of consent if both parties are nonresidents.

457:7  Granting of Permission.  Such justice or judge shall at once hear the parties, and, if satisfied that [special cause exists making such marriage desirable] it has been shown by clear and convincing evidence that the marriage is in the best interest of the person or persons below the age of consent, shall grant permission therefor, which shall be filed with the court and shall be reported to the division of vital records.  The division shall note the fact of the granting of such permission upon the certificate and upon all copies thereof which are by law required to be kept.

2  Effective Date.  This act shall take effect January 1, 2019.

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