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SB 18 - Marriage -regarding parental con- sent & child born out of wedlock

Johnson, Eric B (1st)

Status Summary	SC:	H&HS	HC:		FR:	01/14/99	LA:	01/14/99	S - Read 1st time

First Reader Summary

A bill to amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage, so as to remove an exemption from the parental consent requirement for pregnancy and parentage of a child born out of wedlock; to remove provisions relating to proof of pregnancy or parenthood.

Code Sections - 19-3-2/ 19-3-36

SB 18  99                                          LC 22 3283 
 
      SENATE BILL 18 
 
      By:  Senator Johnson of the 1st 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 3 of Title 19 of the Official Code of 
  1- 2  Georgia Annotated, relating to marriage, so as to remove an 
  1- 3  exemption from the parental consent requirement for 
  1- 4  pregnancy and parentage of a child born out of wedlock; to 
  1- 5  remove provisions relating to proof of pregnancy or 
  1- 6  parenthood; to repeal conflicting laws; and for other 
  1- 7  purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Chapter 3 of Title 19 of the Official Code of Georgia 
  1-11  Annotated, relating to marriage, is amended by striking in 
  1-12  its entirety Code Section 19-3-2, relating to who may 
  1-13  contract marriage, and inserting in its place the following: 
 
  1-14    "19-3-2. 
 
  1-15    To be able to contract marriage, a person must: 
 
  1-16      (1) Be of sound mind; 
 
  1-17      (2) Be at least 16 years of age. If either applicant is 
  1-18      under the age of majority, parental consent shall be 
  1-19      required, as provided in Code Section 19-3-37. However, 
  1-20      the age limitations contained in this paragraph shall 
  1-21      not apply upon proof of pregnancy on the part of the 
  1-22      female or in instances in which both applicants are the 
  1-23      parents of a living child born out of wedlock, in which 
  1-24      case the parties may contract marriage regardless of 
  1-25      age; 
 
  1-26      (3) Have no living spouse of a previous undissolved 
  1-27      marriage. The dissolution of a previous marriage in 
  1-28      divorce proceedings must be affirmatively established 
  1-29      and will not be presumed. Nothing in this paragraph 
  1-30      shall be construed to affect the legitimacy of children; 
  1-31      and 
 
 
 
 
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  2- 1      (4) Not be related to the prospective spouse by blood or 
  2- 2      marriage within the prohibited degrees." 
 
  2- 3                           SECTION 2. 
 
  2- 4  Said chapter is further amended by striking in its entirety 
  2- 5  Code Section 19-3-36, relating to proof of age and 
  2- 6  physician's certificate of pregnancy or parenthood, and 
  2- 7  inserting in lieu thereof the following: 
 
  2- 8    "19-3-36. 
 
  2- 9    (a) The judge of the probate court to whom the application 
  2-10    for a marriage license is made shall satisfy himself or 
  2-11    herself that the provisions set forth in Code Section 
  2-12    19-3-2 regarding age limitations are met. If the judge 
  2-13    does not know of his or her own knowledge the age of a 
  2-14    party for whom a marriage license is sought, he the judge 
  2-15    shall require the applicant to furnish him or her with 
  2-16    documentary evidence of proof of age in the form of a 
  2-17    birth certificate, driver's license, baptismal 
  2-18    certificate, certificate of birth registration, selective 
  2-19    service card, court record, passport, immigration papers, 
  2-20    alien papers, citizenship papers, armed forces discharge 
  2-21    papers, armed forces identification card, or hospital 
  2-22    admission card containing the full name and date of birth. 
  2-23    In the event an applicant does not possess any of the 
  2-24    above but appears to the judge to be at least 25 years of 
  2-25    age, the applicant, in lieu of furnishing the judge with 
  2-26    one of the above, may give an affidavit to the judge 
  2-27    stating the applicant's age. Applicants who have 
  2-28    satisfactorily proved that they have reached the age of 
  2-29    majority may be issued a marriage license immediately. 
 
  2-30    (b) In cases where either or both of the applicants have 
  2-31    not yet reached the age of 16 years, the underage 
  2-32    applicant or applicants must submit evidence in the form 
  2-33    of a licensed physician's certificate that the female is 
  2-34    pregnant or evidence that both applicants are parents of a 
  2-35    living child born out of wedlock, in which case the 
  2-36    parties may be issued a marriage license immediately. The 
  2-37    certificate signed by a licensed physician shall be 
  2-38    available for inspection by the parents or guardians of 
  2-39    either the female or male applicant under this subsection, 
  2-40    prior to the destruction of the certificate as provided in 
  2-41    this subsection; but the certificate shall not be open to 
  2-42    public inspection except on order of a judge of the 
  2-43    superior court. After the birth of the child and upon the 
 
 
 
                                 -2- 
 
 
 
  3- 1    presentation of the birth certificate of the child to the 
  3- 2    judge of the probate court and the verification of the 
  3- 3    accuracy of the birth certificate, the physician's 
  3- 4    certificate that the female was pregnant and all records 
  3- 5    of the certificate under the control of the judge shall be 
  3- 6    destroyed. For purposes of this subsection, the term 
  3- 7    'licensed physician's certificate' shall include only 
  3- 8    those certificates signed by physicians licensed under 
  3- 9    Chapter 34 of Title 43." 
 
  3-10                           SECTION 3. 
 
  3-11  All laws and parts of laws in conflict with this Act are 
  3-12  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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