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20LSO-0066
2020
STATE OF WYOMING
20LSO-0066
Numbered
2.0
HOUSE BILL NO. HB0067
Child marriage restriction.
Sponsored by: Representative(s) Pelkey, Blake, Clifford, Connolly and Zwonitzer and Senator(s) Anselmi-Dalton and Nethercott
A BILL
for
AN ACT relating to the creation of marriage; increasing the minimum marriageable age; providing an exception for emancipated minors; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 3
‑
2
‑
201(b)(vi), 14
‑
1
‑
202(a)(i) by creating a new subparagraph (F), 20
‑
1
‑
102(a) and (b), 20
‑
1
‑
103(c)(iii), 20
‑
1
‑
105(a) and 20
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2
‑
101(a) by creating a new paragraph (iv) and (b) are amended to read:
3
‑
2
‑
201.
Powers and duties of guardian.
(b)
The guardian may:
(vi)
Consent to the marriage or adoption of the ward
unless otherwise prohibited by law
.
14
‑
1
‑
202.
Application for emancipation decree; effect of decree.
(a)
Upon written application of a minor under jurisdiction of the court and notwithstanding any other provision of law, a district court may enter a decree of emancipation in accordance with this act. In addition to W.S. 14
‑
1
‑
101(b), the decree shall only:
(i)
Recognize the minor as an adult for purposes of:
(F)
Entering into a civil contract of marriage.
20
‑
1
‑
102.
Minimum marriageable age.
(a)
At the time of marriage the parties shall be at least
sixteen (16)
eighteen (18)
years of age except as otherwise provided.
(b)
All marriages involving a person under
sixteen (16)
eighteen (18)
years of age are prohibited and
voidable,
void
unless
the contracting party who was under eighteen (18) years of age was emancipated pursuant to W.S. 14
‑
1
‑
201 through 14
‑
1
‑
206 or under the laws of another state
before contracting the marriage
.
a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor.
20
‑
1
‑
103.
License; required.
(c)
Unless there is an order to waive the requirements of this section by a judge of a court of record in the county pursuant to W.S. 20
‑
1
‑
105, the clerk shall refuse to issue a license if:
(iii)
Either party is a minor
,
and the consent of a parent or guardian has not been given
except if the minor is emancipated pursuant to W.S. 14
‑
1
‑
201 through 14
‑
1
‑
206 or under the laws of another state
.
20
‑
1
‑
105.
Judge may order license issued.
(a)
If any county clerk refuses to issue a license to marry, or in case of circumstances arising which would necessitate the waiver of any one (1) or more of the requirements of W.S.
20
‑
1
‑
102 and
20
‑
1
‑
103(b) and (c), either applicant for the license may apply to the district court of the county for the issuance of a license without compliance with one (1) or more of those requirements. If the judge finds that a license should be issued, or such circumstances exist that it is proper that any one (1) or more of the requirements should be waived, the judge may order in writing the issuance of the license. Upon the order of the judge being filed with the county clerk, the county clerk shall issue the license at the time specified in the order. No fee or court costs shall be charged or taxed for the order.
Unless the applicant is emancipated pursuant to W.S. 14
‑
1
‑
201 through 14
‑
1
‑
206 or under the laws of another state, no district court shall order the issuance of a license to marry under this subsection to any applicant under eighteen (18) years of age.
20
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2
‑
101.
Void and voidable marriages defined; annulments.
(a)
Marriages contracted in Wyoming are void without any decree of divorce:
(iv)
When either party
was under the age of legal consent and was not emancipated pursuant to W.S. 14
‑
1
‑
201 through 14
‑
1
‑
206 or under the laws of another state before contracting the marriage.
(b)
A marriage is voidable if
solemnized when either party was under the age of legal consent unless a judge gave consent, if they separated during nonage and did not cohabit together afterwards, or if
the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties.
Section 2
.
W.S. 20
‑
1
‑
102(c) and 20
‑
1
‑
105(b) are repealed.
Section 3.
This act shall apply to all marriages entered into on and after the effective date of this act and shall not affect any marriage entered into prior to that date.
Section 4.
This act is effective July 1, 2020.
(END)
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HB0067