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House
File
671
-
Introduced
HOUSE
FILE
671
BY
LEVIN
,
WICHTENDAHL
,
GOSA
,
KURTH
,
JACOBY
,
WILSON
,
JUDGE
,
SRINIVAS
,
BROWN-POWERS
,
AMOS
JR.
,
BAETH
,
SCHEETZ
,
ZABNER
,
MADISON
,
BAGNIEWSKI
,
WILBURN
,
B.
MEYER
,
NIELSEN
,
WESSEL-KROESCHELL
,
OLSON
,
GJERDE
,
EHLERT
,
MATSON
,
KRESSIG
,
TUREK
,
SCHOLTEN
,
COOLING
,
KONFRST
,
JAMES
,
CROKEN
,
R.
JOHNSON
,
McBURNEY
,
and
GAINES
A
BILL
FOR
An
Act
relating
to
eligible
parties
to
a
valid
marriage.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
595.2,
Code
2025,
is
amended
to
read
as
1
follows:
2
595.2
Gender
——
age
Eligible
parties
to
a
marriage
——
age
.
3
1.
Only
a
marriage
between
a
male
and
a
female
is
valid
4
A
party
who
otherwise
meets
the
requirements
of
this
chapter
5
for
a
valid
marriage
is
eligible
to
marry
any
other
such
party
6
regardless
of
gender
.
7
2.
Additionally,
a
A
marriage
between
a
male
and
a
female
8
two
eligible
parties
is
valid
only
if
each
is
eighteen
years
9
of
age
or
older.
However,
if
either
or
both
of
the
parties
10
have
not
attained
that
age,
the
marriage
may
be
valid
under
the
11
circumstances
prescribed
in
this
section
.
12
3.
If
either
party
to
a
marriage
falsely
represents
the
13
party’s
self
to
be
eighteen
years
of
age
or
older
at
or
before
14
the
time
the
marriage
is
solemnized,
the
marriage
is
valid
15
unless
the
person
who
falsely
represented
their
age
chooses
to
16
void
the
marriage
by
making
their
true
age
known
and
verified
17
by
a
birth
certificate
or
other
legal
evidence
of
age
in
an
18
annulment
proceeding
initiated
at
any
time
before
the
person
19
reaches
their
eighteenth
birthday.
A
child
born
of
a
marriage
20
voided
under
this
subsection
is
legitimate.
21
4.
A
marriage
license
may
be
issued
to
a
male
and
a
female
22
two
eligible
parties
either
or
both
of
whom
are
sixteen
or
23
seventeen
years
of
age
if
both
of
the
following
apply:
24
a.
The
parents
of
the
underage
party
or
parties
certify
25
in
writing
that
they
consent
to
the
marriage.
If
one
of
the
26
parents
of
any
underage
party
to
a
proposed
marriage
is
dead
27
or
incompetent
the
certificate
may
be
executed
by
the
other
28
parent,
if
both
parents
are
dead
or
incompetent
the
guardian
29
of
the
underage
party
may
execute
the
certificate,
and
if
30
the
parents
are
divorced
the
parent
having
legal
custody
may
31
execute
the
certificate
;
and
.
32
b.
The
certificate
of
consent
of
the
parents,
parent,
or
33
guardian
is
approved
by
a
judge
of
the
district
court
or,
34
if
both
parents
of
any
underage
party
to
a
proposed
marriage
35
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are
dead,
incompetent,
or
cannot
be
located
and
the
party
has
1
no
guardian,
the
proposed
marriage
is
approved
by
a
judge
2
of
the
district
court.
A
judge
shall
grant
approval
under
3
this
subsection
only
if
the
judge
finds
the
underage
party
or
4
parties
capable
of
assuming
the
responsibilities
of
marriage
5
and
that
the
marriage
will
serve
the
best
interest
of
the
6
underage
party
or
parties.
Pregnancy
alone
does
not
establish
7
that
the
proposed
marriage
is
in
the
best
interest
of
the
8
underage
party
or
parties,
however,
if
pregnancy
is
involved
9
the
court
records
which
pertain
to
the
fact
that
the
female
is
10
pregnant
shall
be
sealed
and
available
only
to
the
parties
to
11
the
marriage
or
proposed
marriage
or
to
any
interested
party
12
securing
an
order
of
the
court.
13
5.
If
a
parent
or
guardian
withholds
consent,
the
judge
upon
14
application
of
a
party
to
a
proposed
marriage
shall
determine
15
if
the
consent
has
been
unreasonably
withheld.
If
the
judge
so
16
finds,
the
judge
shall
proceed
to
review
the
application
under
17
subsection
4
,
paragraph
“b”
.
18
Sec.
2.
Section
595.19,
Code
2025,
is
amended
to
read
as
19
follows:
20
595.19
Void
marriages.
21
1.
Marriages
between
the
following
persons
who
are
related
22
by
blood
are
void:
23
a.
Between
a
man
and
his
father’s
sister,
mother’s
sister,
24
daughter,
sister,
son’s
daughter,
daughter’s
daughter,
25
brother’s
daughter,
or
sister’s
daughter.
26
b.
Between
a
woman
and
her
father’s
brother,
mother’s
27
brother,
son,
brother,
son’s
son,
daughter’s
son,
brother’s
28
son,
or
sister’s
son.
29
a.
Between
a
party
and
the
party’s
aunt
or
uncle,
child,
30
grandchild,
sibling,
niece,
or
nephew.
31
c.
b.
Between
first
cousins.
32
2.
Marriages
between
persons
either
of
whom
has
a
husband
33
or
wife
spouse
living
are
void,
but,
if
the
parties
live
and
34
cohabit
together
after
the
death
or
divorce
of
the
former
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husband
or
wife
spouse
,
such
marriage
shall
be
valid.
1
Sec.
3.
NEW
SECTION
.
595.21
Marriage
codification.
2
Marriage
is
the
legally
recognized
union
of
two
eligible
3
parties.
Terms
relating
to
the
marital
relationship
or
4
familial
relationships
shall
be
construed
consistently
with
5
this
section
for
all
purposes
throughout
the
law,
whether
6
in
the
context
of
statute,
administrative
or
court
rule,
7
government
policy,
common
law,
or
any
other
provisions
or
8
source
of
civil
or
criminal
law.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
provides
that
a
party
who
otherwise
meets
the
13
requirements
of
Code
chapter
595
(marriage)
for
a
valid
14
marriage
is
eligible
to
marry
any
other
such
party
regardless
15
of
gender.
16
The
bill
provides
for
conforming
changes
in
that
Code
17
chapter
to
include
provisions
relating
to
void
marriages
to
be
18
gender
neutral.
19
The
bill
also
provides
that
marriage
is
the
legally
20
recognized
union
of
two
eligible
parties
and
that
terms
21
relating
to
the
marital
relationship
or
familial
relationships
22
shall
be
construed
consistently
with
this
provision
for
all
23
purposes
throughout
the
law,
whether
in
the
context
of
statute,
24
administrative
or
court
rule,
government
policy,
common
law,
or
25
any
other
source
of
civil
or
criminal
law.
26
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