Bill Text: IA HF509 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to eligible parties to a valid marriage.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced - Dead) 2023-02-28 - Introduced, referred to Judiciary. H.J. 442. [HF509 Detail]

Download: Iowa-2023-HF509-Introduced.html

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House File 509 - Introduced
HOUSE FILE 509
BY LEVIN , ZABNER , BAGNIEWSKI ,
SCHEETZ , WILBURN , CROKEN ,
BUCK , WESSEL-KROESCHELL ,
SRINIVAS , STECKMAN ,
MADISON , GAINES , AMOS JR. ,
STAED , CAHILL , EHLERT ,
BAETH , WILSON , COOLING ,
TUREK , SCHOLTEN , MATSON ,
FORBES , KURTH , JAMES ,
BROWN-POWERS , ABDUL-SAMAD ,
JACOBY , B. MEYER , and
GJERDE
A BILL FOR
An Act relating to eligible parties to a valid marriage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 595.2, Code 2023, is amended to read as
follows:
595.2 Gender —— age Eligible parties to a marriage —— age .
1. Only a marriage between a male and a female is valid
A party who otherwise meets the requirements of this chapter
for a valid marriage is eligible to marry any other such party
regardless of gender .
2. Additionally, a A marriage between a male and a female
two eligible parties is valid only if each is eighteen years
of age or older. However, if either or both of the parties
have not attained that age, the marriage may be valid under the
circumstances prescribed in this section .
3. If either party to a marriage falsely represents the
party’s self to be eighteen years of age or older at or before
the time the marriage is solemnized, the marriage is valid
unless the person who falsely represented their age chooses to
void the marriage by making their true age known and verified
by a birth certificate or other legal evidence of age in an
annulment proceeding initiated at any time before the person
reaches their eighteenth birthday. A child born of a marriage
voided under this subsection is legitimate.
4. A marriage license may be issued to a male and a female
two eligible parties either or both of whom are sixteen or
seventeen years of age if both of the following apply:
a. The parents of the underage party or parties certify
in writing that they consent to the marriage. If one of the
parents of any underage party to a proposed marriage is dead
or incompetent the certificate may be executed by the other
parent, if both parents are dead or incompetent the guardian
of the underage party may execute the certificate, and if
the parents are divorced the parent having legal custody may
execute the certificate ; and .
b. The certificate of consent of the parents, parent, or
guardian is approved by a judge of the district court or,
if both parents of any underage party to a proposed marriage
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H.F. 509
are dead, incompetent, or cannot be located and the party has
no guardian, the proposed marriage is approved by a judge
of the district court. A judge shall grant approval under
this subsection only if the judge finds the underage party or
parties capable of assuming the responsibilities of marriage
and that the marriage will serve the best interest of the
underage party or parties. Pregnancy alone does not establish
that the proposed marriage is in the best interest of the
underage party or parties, however, if pregnancy is involved
the court records which pertain to the fact that the female is
pregnant shall be sealed and available only to the parties to
the marriage or proposed marriage or to any interested party
securing an order of the court.
5. If a parent or guardian withholds consent, the judge upon
application of a party to a proposed marriage shall determine
if the consent has been unreasonably withheld. If the judge so
finds, the judge shall proceed to review the application under
subsection 4 , paragraph “b” .
Sec. 2. Section 595.19, Code 2023, is amended to read as
follows:
595.19 Void marriages.
1. Marriages between the following persons who are related
by blood are void:
a. Between a man and his father’s sister, mother’s sister,
daughter, sister, son’s daughter, daughter’s daughter,
brother’s daughter, or sister’s daughter.
b. Between a woman and her father’s brother, mother’s
brother, son, brother, son’s son, daughter’s son, brother’s
son, or sister’s son.
a. Between a party and the party’s aunt or uncle, child,
grandchild, sibling, niece, or nephew.
c. b. Between first cousins.
2. Marriages between persons either of whom has a husband
or wife spouse living are void, but, if the parties live and
cohabit together after the death or divorce of the former
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H.F. 509
husband or wife spouse , such marriage shall be valid.
Sec. 3. NEW SECTION . 595.21 Marriage codification.
Marriage is the legally recognized union of two eligible
parties. Terms relating to the marital relationship or
familial relationships shall be construed consistently with
this section for all purposes throughout the law, whether
in the context of statute, administrative or court rule,
government policy, common law, or any other provisions or
source of civil or criminal law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill provides that a party who otherwise meets the
requirements of Code chapter 595 (marriage) for a valid
marriage is eligible to marry any other such party regardless
of gender.
The bill provides for conforming changes in that Code
chapter to include provisions relating to void marriages to be
gender neutral.
The bill also provides that marriage is the legally
recognized union of two eligible parties and that terms
relating to the marital relationship or familial relationships
shall be construed consistently with this provision for all
purposes throughout the law, whether in the context of statute,
administrative or court rule, government policy, common law, or
any other source of civil or criminal law.
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