Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 76 (2025GS)

Sponsor

Sen. Plumb, Jen

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• does not allow the juvenile court to issue a written authorization for a minor to marry if there is an age difference between the parties of more than four years;
• requires a 72-hour waiting period before the juvenile court can issue a written authorization for a minor to marry; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
81-2-304
Marriage Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Ariel Defay
LONG TITLE
General Description:
This bill addresses the marriage of a minor.
Highlighted Provisions:
This bill:
does not allow the juvenile court to issue a written authorization for a minor to marry if 
there is an age difference between the parties of more than four years;
requires a 72-hour waiting period before the juvenile court can issue a written 
authorization for a minor to marry; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
81-2-304
, as renumbered and amended by Laws of Utah 2024, Chapter 366
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
81-2-304
 is amended to read:
81-2-304. Marriage of a minor -- Consent of parent or guardian -- Juvenile court 
authorization.
(1)
(a)
If an applicant is a minor at the time of applying for a license, a county clerk may 
not issue a marriage license without the signed consent of the minor's parent or legal 
guardian given in person to the clerk, except that:
(i)
if the parents of the minor are divorced, consent shall be given by the parent 
having legal custody of the minor as evidenced by an oath of affirmation to the 
clerk;
(ii)
if the parents of the minor are divorced and have been awarded joint custody of 
the minor, consent shall be given by the parent having physical custody of the 
minor the majority of the time as evidenced by an oath of affirmation to the clerk; 
or
(iii)
if the minor is not in the custody of a parent, the legal guardian shall provide the 
consent and provide proof of guardianship by court order as well as an oath of 
affirmation.
(b)
Each applicant, and the minor's consenting parent or legal guardian if an applicant is 
a minor, shall appear in person before the county clerk and provide legal 
documentation to establish the following information:
(i)
the legal relationship between the minor and the minor's parent or legal guardian;
(ii)
the legal name and identity of the minor; and
(iii)
the birth date of each applicant.
(c)
An individual may present the following documents to satisfy a requirement 
described in Subsection (1)(b):
(i)
for verifying the legal relationship between the minor and the minor's parent or 
legal guardian, one of the following:
(A)
the minor's certified birth certificate with the name of the parent, and an 
official translation if the birth certificate is in a language other than English;
(B)
a report of a birth abroad with the name of the minor and the parent;
(C)
a certified adoption decree with the name of the minor and the parent; or
(D)
a certified court order establishing custody or guardianship between the minor 
and the parent or legal guardian;
(ii)
for verifying the legal name and identity of the minor, one of the following:
(A)
an expired or current passport;
(B)
a driver's license;
(C)
a certificate of naturalization;
(D)
a military identification
(E)
a state identification card; or
(F)
a government employee identification card from a federal, state, or municipal 
government; and
(iii)
for verifying the birth date of each applicant, one of the following for each 
applicant:
(A)
a certified birth certificate;
(B)
a report of a birth abroad;
(C)
a certificate of naturalization;
(D)
a certificate of citizenship;
(E)
a passport;
(F)
a driver's license; or
(G)
a state identification card.
(d)
An individual may not use a temporary or altered document to satisfy a requirement 
described in Subsection (1)(b).
(2)
(a)
The minor and the parent or legal guardian of the minor shall obtain a written 
authorization to marry from:
(i)
a judge of the court exercising juvenile jurisdiction in the county where either 
party to the marriage resides; or
(ii)
a court commissioner as permitted by rule of the Judicial Council.
(b)
Before issuing written authorization for a minor to marry, the judge or court 
commissioner shall determine:
(i)
that the minor is entering into the marriage voluntarily; and
(ii)
the marriage is in the best interest of the minor under the circumstances.
(c)
The judge or court commissioner shall require that both parties to the marriage 
complete premarital counseling, except the requirement for premarital counseling 
may be waived if premarital counseling is not reasonably available.
(d)
The judge or court commissioner may require:
(i)
that the minor continue to attend school, unless excused under Section 
53G-6-204
; 
and
(ii)
any other conditions that the court deems reasonable under the circumstances.
(e)
The judge or court commissioner may not issue a written authorization 
to the minor
for a minor to marry
 if the age difference between both parties to the marriage is 
more than 
seven
four
 years.
(f)
The judge or court commissioner may not issue a written authorization for a minor to 
marry until at least 72 hours after the time at which the minor and the minor's parent 
or legal guardian file the petition for the written authorization.
(3)
(a)
The determination required in Subsection (2) shall be made on the record.
(b)
Any inquiry conducted by the judge or commissioner may be conducted in chambers.
(4)
(a)
A parent or legal guardian who knowingly consents or allows a minor to enter into 
a marriage prohibited by law is guilty of a third degree felony.
(b)
An individual is guilty of a third degree felony if the individual:
(i)
knowingly, with or without a license, solemnizes the marriage of an individual 
who is younger than 18 years old and the marriage is prohibited by law;
(ii)
without a written authorization from the juvenile court, solemnizes a marriage to 
which a party is a minor;
(iii)
impersonates a parent or legal guardian of a minor to obtain a license for the 
minor to marry; or
(iv)
forges the name of a parent or legal guardian of a minor on any writing 
purporting to give consent to a marriage of a minor.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-8-25 4:17 PM