AN ACT relating to child marriage.

UNOFFICIAL COPY 26 RS SB 156/GA
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SB015610.100 - 1889 - XXXX 3/3/2026 2:41 PM GA
AN ACT relating to child marriage. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 402.020 is amended to read as follows: 3
(1) Marriage is prohibited and void: 4
(a) With a person who has been adjudged mentally incompetent[disabled] by a 5
court of competent jurisdiction; 6
(b) Where[ there is a husband or wife living, from whom] the person marrying 7
has not been divorced from a living spouse; 8
(c) When not solemnized or contracted in the presence of an authorized person or 9
society; 10
(d) Between members of the same sex; 11
(e) Between more than two (2) persons; and 12
(f) [Except as provided in KRS 402.210, ] With a person who at the time of 13
marriage is under eighteen (18) years of age. 14
(2) Subsection (1)(f) of this section shall not apply to a lawful marriage entered into in 15
the Co mmonwealth of Kentucky prior to the effective date of this Act [July 14, 16
2018], or to a lawful marriage in another state or country prior to the parties' 17
residence in the Commonwealth of Kentucky. 18
Section 2. KRS 402.030 is amended to read as follows: 19
(1) Courts having general jurisdiction may declare void any marriage obtained by force 20
or fraud, or, if[provided that] the petition is brought by a party who was under the 21
age of majority as defined by KRS 2.015 at the time of marriage, a marriage 22
obtained by duress. 23
(2) Upon petition[At the instance] of any next friend, courts having general jurisdiction 24
may declare any marriage void where the person was under eighteen (18) years of 25
age at the time of the marriage [, and the marriage was without the consent required 26
by KRS 402.210]. 27
UNOFFICIAL COPY 26 RS SB 156/GA
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SB015610.100 - 1889 - XXXX 3/3/2026 2:41 PM GA
Section 3. KRS 402.080 is amended to read as follows: 1
No marriage shall be solemnized without a marriage license[ therefor]. The license[ shall 2
be issued by the cl erk of the county in which the female resides at the time, unless the 3
female is eighteen (18) years of age or over or a widow, and the license is issued on her 4
application in person, in which case it] may be issued by any county clerk if the 5
requirements of Section 4 of this Act are met. 6
Section 4. KRS 402.210 is amended to read as follows: 7
(1) Both parties to a marriage shall: 8
(a) Be present for a marriage license to be issued; and 9
(b) Present to the county clerk documentary proof of age in the form of: 10
1. A copy of a birth record; 11
2. A certification of birth issued by the state department of health, a local 12
registrar of vital statistics, or other public office charged with similar 13
duties by the laws of another state, territory, or country; 14
3. A baptismal record showing the individual's date of birth; 15
4. A passport; 16
5. An automobile driver's license; 17
6. Any government or school issued identification card showing the 18
individual's date of birth; 19
7. An immigration record showing the individual's date of birth; 20
8. A naturalization record showing the individual's date of birth; or 21
9. A court record or any other document or record issued by a government 22
entity showing the individual's date of birth. 23
(2) If either of the parties i s under eighteen (18) [seventeen (17)] years of age, no 24
license shall be issued.[ 25
(3) If either of the parties is seventeen (17) years of age, a marriage license shall not be 26
issued unless: 27
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SB015610.100 - 1889 - XXXX 3/3/2026 2:41 PM GA
(a) The party who is seventeen (17) years of age presents to the clerk a certified 1
copy of a court order by a family court or District Court judge that grants the 2
party permission to marry and removes the party's disability of minority, as 3
provided in KRS 402.205; and 4
(b) At least fifteen (15) days have elapsed since the court order was granted.] 5
Section 5. The following KRS section is repealed: 6
402.205 Petition to court by seventeen year old for permission to marry -- Evidentiary 7
hearing -- Reasons for denying petition -- Effect of pregnancy -- Emancipation of 8
minor -- Other court-imposed condition -- Fee. 9