Repeal law that authorizes a person who is 17 to marry

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 670

2025-2026

Representatives Russo, Robb Blasdel

Cosponsors: Representatives
Piccolantonio, Jarrells, Grim, Lett, Baker, Rader, Synenberg,
Sweeney, Salvo, Upchurch, Brennan, Brewer, Brownlee, Sigrist, Odioso,
White, E., Thomas, C.

To
amend sections 2151.23, 2151.233, 2151.352, 3101.01, 3101.05, and
3109.011 and to repeal sections 3101.02, 3101.04, 3101.041, and
3101.042 of the Revised Code
to
repeal law that authorizes a person who is seventeen years of age to
marry.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2151.23, 2151.233, 2151.352, 3101.01, 3101.05, and 3109.011
of the Revised Code be amended to read as follows:

Sec.
2151.23.
(A)
The juvenile court has exclusive original jurisdiction under the
Revised Code as follows:

(1)
Concerning any child who on or about the date specified in the
complaint, indictment, or information is alleged to have violated
section 2151.87 of the Revised Code or an order issued under that
section or to be a juvenile traffic offender or a delinquent, unruly,
abused, neglected, or dependent child and, based on and in relation
to the allegation pertaining to the child, concerning the parent,
guardian, or other person having care of a child who is alleged to be
an unruly child for being an habitual truant or who is alleged to be
a delinquent child for violating a court order regarding the child's
prior adjudication as an unruly child for being an habitual truant;

(2)
Subject to divisions (G), (I), (K), and (V) of section 2301.03 of the
Revised Code, to determine the custody of any child not a ward of
another court of this state;

(3)
To hear and determine any application for a writ of habeas corpus
involving the custody of a child;

(4)
To exercise the powers and jurisdiction given the probate division of
the court of common pleas in Chapter 5122. of the Revised Code, if
the court has probable cause to believe that a child otherwise within
the jurisdiction of the court is a person with a mental illness
subject to court order, as defined in section 5122.01 of the Revised
Code;

(5)
To hear and determine all criminal cases charging adults with the
violation of any section of this chapter;

(6)
To hear and determine all criminal cases in which an adult is charged
with a violation of division (C) of section 2919.21, division (B)(1)
of section 2919.22, section 2919.222, division (B) of section
2919.23, or section 2919.24 of the Revised Code, provided the charge
is not included in an indictment that also charges the alleged adult
offender with the commission of a felony arising out of the same
actions that are the basis of the alleged violation of division (C)
of section 2919.21, division (B)(1) of section 2919.22, section
2919.222, division (B) of section 2919.23, or section 2919.24 of the
Revised Code;

(7)
Under the interstate compact on juveniles in section 2151.56 of the
Revised Code;

(8)
Concerning any child who is to be taken into custody pursuant to
section 2151.31 of the Revised Code, upon being notified of the
intent to take the child into custody and the reasons for taking the
child into custody;

(9)
To hear and determine requests for the extension of temporary custody
agreements, and requests for court approval of permanent custody
agreements, that are filed pursuant to section 5103.15 of the Revised
Code;

(10)

To
hear and determine applications for consent to marry pursuant to
section 3101.04 of the Revised Code;

(11)

Subject
to divisions (G), (I), (K), and (V) of section 2301.03 of the Revised
Code, to hear and determine a request for an order for the support of
any child if the request is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a criminal
or civil action involving an allegation of domestic violence, or an
action for support brought under Chapter 3115. of the Revised Code;

(12)
(11)

Concerning an action commenced under section 121.38 of the Revised
Code;

(13)
(12)

To hear and determine violations of section 3321.38 of the Revised
Code;

(14)
(13)

To exercise jurisdiction and authority over the parent, guardian, or
other person having care of a child alleged to be a delinquent child,
unruly child, or juvenile traffic offender, based on and in relation
to the allegation pertaining to the child;

(15)
(14)

To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding a
child who has been adjudicated a delinquent child and to refer the
duties conferred upon the juvenile court judge under sections 2152.82
to 2152.86 and Chapter 2950. of the Revised Code to magistrates
appointed by the juvenile court judge in accordance with Juvenile
Rule 40;

(16)
(15)

To hear and determine a petition for a protection order against a
child under section 2151.34 or 3113.31 of the Revised Code and to
enforce a protection order issued or a consent agreement approved
under either section against a child until a date certain but not
later than the date the child attains nineteen years of age;

(17)
(16)

Concerning emancipated young adults under sections 2151.45 to
2151.455 of the Revised Code;

(18)
(17)

To hear and determine a request for a court order to examine and
interview a child who may be an abused, neglected, or dependent child
under section 2151.25 of the Revised Code.

(B)
Except as provided in divisions (G), (I), and (P) of section 2301.03
of the Revised Code, the juvenile court has original jurisdiction
under the Revised Code:

(1)
To hear and determine all cases of misdemeanors charging adults with
any act or omission with respect to any child, which act or omission
is a violation of any state law or any municipal ordinance;

(2)
To determine the paternity of any child alleged to have been born out
of wedlock pursuant to sections 3111.01 to 3111.18 of the Revised
Code;

(3)
Under the uniform interstate family support act in Chapter 3115. of
the Revised Code;

(4)
To hear and determine an application for an order for the support of
any child, if the child is not a ward of another court of this state;

(5)
To hear and determine an action commenced under section 3111.28 of
the Revised Code;

(6)
To hear and determine a motion filed under section 3119.961 of the
Revised Code;

(7)
To receive filings under section 3109.74 of the Revised Code, and to
hear and determine actions arising under sections 3109.51 to 3109.80
of the Revised Code.

(8)
To enforce an order for the return of a child made under the Hague
Convention on the Civil Aspects of International Child Abduction
pursuant to section 3127.32 of the Revised Code;

(9)
To grant any relief normally available under the laws of this state
to enforce a child custody determination made by a court of another
state and registered in accordance with section 3127.35 of the
Revised Code.

(C)
The juvenile court, except as to juvenile courts that are a separate
division of the court of common pleas or a separate and independent
juvenile court, has jurisdiction to hear, determine, and make a
record of any action for divorce or legal separation that involves
the custody or care of children and that is filed in the court of
common pleas and certified by the court of common pleas with all the
papers filed in the action to the juvenile court for trial, provided
that no certification of that nature shall be made to any juvenile
court unless the consent of the juvenile judge first is obtained.
After a certification of that nature is made and consent is obtained,
the juvenile court shall proceed as if the action originally had been
begun in that court, except as to awards for spousal support or
support due and unpaid at the time of certification, over which the
juvenile court has no jurisdiction.

(D)
The juvenile court, except as provided in division (I) of section
2301.03 of the Revised Code, has jurisdiction to hear and determine
all matters as to custody and support of children duly certified by
the court of common pleas to the juvenile court after a divorce
decree has been granted, including jurisdiction to modify the
judgment and decree of the court of common pleas as the same relate
to the custody and support of children.

(E)
The juvenile court, except as provided in division (I) of section
2301.03 of the Revised Code, has jurisdiction to hear and determine
the case of any child certified to the court by any court of
competent jurisdiction if the child comes within the jurisdiction of
the juvenile court as defined by this section.

(F)(1)
The juvenile court shall exercise its jurisdiction in child custody
matters in accordance with sections 3109.04 and 3127.01 to 3127.53 of
the Revised Code and, as applicable, sections 5103.20 to 5103.22 or
5103.23 to 5103.237 of the Revised Code.

(2)
The juvenile court shall exercise its jurisdiction in child support
matters in accordance with section 3109.05 of the Revised Code.

(G)
Any juvenile court that makes or modifies an order for child support
shall comply with Chapters 3119., 3121., 3123., and 3125. of the
Revised Code. If any person required to pay child support under an
order made by a juvenile court on or after April 15, 1985, or
modified on or after December 1, 1986, is found in contempt of court
for failure to make support payments under the order, the court that
makes the finding, in addition to any other penalty or remedy
imposed, shall assess all court costs arising out of the contempt
proceeding against the person and require the person to pay any
reasonable attorney's fees of any adverse party, as determined by the
court, that arose in relation to the act of contempt.

(H)
If a child who is charged with an act that would be an offense if
committed by an adult was fourteen years of age or older and under
eighteen years of age at the time of the alleged act and if the case
is transferred for criminal prosecution pursuant to section 2152.12
of the Revised Code, except as provided in section 2152.121 of the
Revised Code, the juvenile court does not have jurisdiction to hear
or determine the case subsequent to the transfer. The court to which
the case is transferred for criminal prosecution pursuant to that
section has jurisdiction subsequent to the transfer to hear and
determine the case in the same manner as if the case originally had
been commenced in that court, subject to section 2152.121 of the
Revised Code, including, but not limited to, jurisdiction to accept a
plea of guilty or another plea authorized by Criminal Rule 11 or
another section of the Revised Code and jurisdiction to accept a
verdict and to enter a judgment of conviction pursuant to the Rules
of Criminal Procedure against the child for the commission of the
offense that was the basis of the transfer of the case for criminal
prosecution, whether the conviction is for the same degree or a
lesser degree of the offense charged, for the commission of a
lesser-included offense, or for the commission of another offense
that is different from the offense charged. Section 2152.022 of the
Revised Code applies with respect to the transfer of a case for
criminal prosecution as described in this division and the
determination of jurisdiction after the transfer and, as described in
division (B) of that section, the juvenile court retains jurisdiction
over charges included in the complaint or complaints containing the
allegation that is the basis of the transfer that are not
transferred.

(I)
If a person under eighteen years of age allegedly commits an act that
would be a felony if committed by an adult and if the person is not
taken into custody or apprehended for that act until after the person
attains twenty-one years of age, the juvenile court does not have
jurisdiction to hear or determine any portion of the case charging
the person with committing that act. In those circumstances,
divisions (A) and (B) of section 2152.12 of the Revised Code do not
apply regarding the act, and the case charging the person with
committing the act shall be a criminal prosecution commenced and
heard in the appropriate court having jurisdiction of the offense as
if the person had been eighteen years of age or older when the person
committed the act. All proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the
offense, and that court has all the authority and duties in the case
that it has in other criminal cases in that court.

(J)
In exercising its exclusive original jurisdiction under division
(A)(16) of this section with respect to any proceedings brought under
section 2151.34 or 3113.31 of the Revised Code in which the
respondent is a child, the juvenile court retains all dispositionary
powers consistent with existing rules of juvenile procedure and may
also exercise its discretion to adjudicate proceedings as provided in
sections 2151.34 and 3113.31 of the Revised Code, including the
issuance of protection orders or the approval of consent agreements
under those sections.

Sec.
2151.233.
(A)
Except as provided in division (B) of this section, the juvenile
court shall not exercise jurisdiction under division (A)(2),

(A)(11)
(A)(10)
,
or (B)(4) of section 2151.23 of the Revised Code or section 2151.231
of the Revised Code and the domestic relations court shall have
jurisdiction to determine custody or support regarding a child if any
of the following apply:

(1)
The child's parents are married to each other.

(2)
The child's parents were married to each other but no longer are
married to each other and there is an existing order for custody or
support regarding the child or another child of the same parents over
which the juvenile court does not have jurisdiction.

(3)
The determination is ancillary to the parents' pending or prior
action for divorce, dissolution of marriage, annulment, or legal
separation.

(B)
Division (A) of this section does not apply to any case or proceeding
brought under Chapter 3115. of the Revised Code, or to any case or
proceeding initiated or originating outside of this state.

(C)
This section shall apply to all cases and proceedings initiated on or
after March 22, 2019.

(D)
As used in this section and sections 2151.234 to 2151.236 of the
Revised Code, "domestic relations court" means the division
of a court of common pleas that has domestic relations jurisdiction.

Sec.
2151.352.
A
child, the child's parents or custodian, or any other person in loco
parentis of the child is entitled to representation by legal counsel
at all stages of the proceedings under this chapter or Chapter 2152.
of the Revised Code. If, as an indigent person, a party is unable to
employ counsel, the party is entitled to have counsel provided for
the person pursuant to Chapter 120. of the Revised Code except in
civil matters in which the juvenile court is exercising jurisdiction
pursuant to division (A)(2), (3), (9), (10), (11),
or

(12)
,
or (13)
;
(B)(2), (3), (4), (5), or (6); (C); (D); or (F)(1) or (2) of section
2151.23 of the Revised Code. If a party appears without counsel, the
court shall ascertain whether the party knows of the party's right to
counsel and of the party's right to be provided with counsel if the
party is an indigent person. The court may continue the case to
enable a party to obtain counsel, to be represented by the county
public defender or the joint county public defender, or to be
appointed counsel upon request pursuant to Chapter 120. of the
Revised Code. Counsel must be provided for a child not represented by
the child's parent, guardian, or custodian. If the interests of two
or more such parties conflict, separate counsel shall be provided for
each of them.

Section
2935.14 of the Revised Code applies to any child taken into custody.
The parents, custodian, or guardian of such child, and any attorney
at law representing them or the child, shall be entitled to visit
such child at any reasonable time, be present at any hearing
involving the child, and be given reasonable notice of such hearing.

Any
report or part thereof concerning such child, which is used in the
hearing and is pertinent thereto, shall for good cause shown be made
available to any attorney at law representing such child and to any
attorney at law representing the parents, custodian, or guardian of
such child, upon written request prior to any hearing involving such
child.

Sec.
3101.01.
(A)

Except
as provided in section 3101.02 of the Revised Code, only
Only

male
persons of the age of eighteen years, and only female persons of the
age of eighteen years, not nearer of kin than second cousins, and not
having a husband or wife living, may be joined in marriage. A
marriage may only be entered into by one man and one woman.

(B)(1)
Any marriage between persons of the same sex is against the strong
public policy of this state. Any marriage between persons of the same
sex shall have no legal force or effect in this state and, if
attempted to be entered into in this state, is void ab initio and
shall not be recognized by this state.

(2)
Any marriage entered into by persons of the same sex in any other
jurisdiction shall be considered and treated in all respects as
having no legal force or effect in this state and shall not be
recognized by this state.

(3)
The recognition or extension by the state of the specific statutory
benefits of a legal marriage to nonmarital relationships between
persons of the same sex or different sexes is against the strong
public policy of this state. Any public act, record, or judicial
proceeding of this state, as defined in section 9.82 of the Revised
Code, that extends the specific statutory benefits of legal marriage
to nonmarital relationships between persons of the same sex or
different sexes is void ab initio. Nothing in division (B)(3) of this
section shall be construed to do either of the following:

(a)
Prohibit the extension of specific benefits otherwise enjoyed by all
persons, married or unmarried, to nonmarital relationships between
persons of the same sex or different sexes, including the extension
of benefits conferred by any statute that is not expressly limited to
married persons, which includes but is not limited to benefits
available under Chapter 4117. of the Revised Code;

(b)
Affect the validity of private agreements that are otherwise valid
under the laws of this state.

(4)
Any public act, record, or judicial proceeding of any other state,
country, or other jurisdiction outside this state that extends the
specific benefits of legal marriage to nonmarital relationships
between persons of the same sex or different sexes shall be
considered and treated in all respects as having no legal force or
effect in this state and shall not be recognized by this state.

Sec.
3101.05.
(A)
The parties to a marriage shall make an application for a marriage
license. Each of the persons seeking a marriage license shall
personally appear in the probate court within the county where either
resides, or, if neither is a resident of this state, where the
marriage is expected to be solemnized. If neither party is a resident
of this state, the marriage may be solemnized only in the county
where the license is obtained. Each party shall make application and
shall state upon oath, the party's name, age, residence, place of
birth, occupation, father's name, and mother's maiden name, if known,
and the name of the person who is expected to solemnize the marriage.
If either party has been previously married, the application shall
include the names of the parties to any previous marriage and of any
minor children, and if divorced the jurisdiction, date, and case
number of the decree.
If
either applicant is the age of seventeen years, the judge shall
require the applicants to state that they received marriage
counseling satisfactory to the court.
Except
as otherwise provided in this division, the application also shall
include each party's social security number. In lieu of requiring
each party's social security number on the application, the court may
obtain each party's social security number, retain the social
security numbers in a separate record, and allow a number other than
the social security number to be used on the application for
reference purposes. If a court allows the use of a number other than
the social security number to be used on the application for
reference purposes, the record containing the social security number
is not a public record, except that, in any of the circumstances set
forth in divisions (C)(1) to (5) of section 3101.051 of the Revised
Code, the record containing the social security number shall be made
available for inspection under section 149.43 of the Revised Code.

Immediately
upon receipt of an application for a marriage license, the court
shall place the parties' record in a book kept for that purpose. If
the probate judge is satisfied that there is no legal impediment and
if one or both of the parties are present, the probate judge shall
grant the marriage license.

If
the judge is satisfied from the affidavit of a reputable physician,
clinical nurse specialist, or certified nurse practitioner in active
practice and residing in the county where the probate court is
located, that one of the parties is unable to appear in court, by
reason of illness or other physical disability, a marriage license
may be granted upon application and oath of the other party to the
contemplated marriage; but in that case the person who is unable to
appear in court, at the time of making application for a marriage
license, shall make and file in that court, an affidavit setting
forth the information required of applicants for a marriage license.

A
probate judge may grant a marriage license under this section at any
time after the application is made.

A
marriage license issued shall not display the social security number
of either party to the marriage.

Each
person seeking a marriage license shall present documentary proof of
age in the form of any one of the following:

(1)
A copy of a birth record;

(2)
A birth certificate issued by the department of health, a local
registrar of vital statistics, or other public office charged with
similar duties by the laws of another state, territory, or country;

(3)
A baptismal record showing the person's date of birth;

(4)
A passport;

(5)
A license or permit to operate a motor vehicle as defined under
section 4501.01 of the Revised Code;

(6)
Any government- or school-issued identification card showing the
person's date of birth;

(7)
An immigration record showing the person's date of birth;

(8)
A naturalization record showing the person's date of birth;

(9)
A court record or any other document or record issued by a
governmental entity showing the person's date of birth.

(B)
An applicant for a marriage license who knowingly makes a false
statement in an application or affidavit prescribed by this section
is guilty of falsification under section 2921.13 of the Revised Code.

(C)
No licensing officer shall issue a marriage license if the officer
has not received the application, affidavit, or other statements
prescribed by this section or if the officer has reason to believe
that any of the statements in a marriage license application or in an
affidavit prescribed by this section are false.

(D)
Any fine collected for violation of this section shall be paid to the
use of the county together with the costs of prosecution.

Sec.
3109.011.
A
person granted consent to marry under
former

section
3101.04 of the Revised Code has the capacity of a person of the age
of eighteen years or more, as described in section 3109.01 of the
Revised Code, except that the person is not a qualified elector for
purposes of Chapter 3503. of the Revised Code.

Section
2.
That
existing sections 2151.23, 2151.233, 2151.352, 3101.01, 3101.05, and
3109.011 of the Revised Code are hereby repealed.

Section
3.
That
sections 3101.02, 3101.04, 3101.041, and 3101.042 of the Revised Code
are hereby repealed.

Section
4.
Section
2151.23 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 110, H.B. 281, H.B. 518, and S.B.
288, all of the 134th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.