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Substitute House Bill No. 5442

Public Act No. 17-54

AN ACT CONCERNING THE LEGAL AGE TO MARRY IN THIS STATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46b-20a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) A person is eligible to marry if such person is:

(1) Not a party to another marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, entered into in this state or another state or jurisdiction, unless the parties to the marriage will be the same as the parties to such other relationship;

(2) Except as provided in [section 46b-30] subsection (b) of this section, at least eighteen years of age;

(3) Except as provided in section 46b-29, not under the supervision or control of a conservator; and

(4) Not prohibited from entering into a marriage pursuant to section 46b-21.

(b) A license may be issued to a minor who is at least sixteen years of age but under eighteen years of age with the approval of the Probate Court as provided in this subsection. A parent or guardian of a minor may, on behalf of the minor, petition the Probate Court for the district in which the minor resides seeking approval for the issuance of a license to such minor. The court shall schedule a hearing on the petition and give notice to the minor, the minor's parents or guardians and to the other party to the intended marriage. The minor and the petitioning parent or guardian shall be present at such hearing. The court may, in its discretion, require the other party to the intended marriage to be present at such hearing. After a hearing on the petition, the court may approve the issuance of a license to the minor if the court finds that: (1) The petitioning parent or guardian consents to the marriage; (2) the minor consents to the marriage and such consent is based upon an understanding of the nature and consequences of marriage; (3) the minor has sufficient capacity to make such a decision; (4) the minor's decision to marry is made voluntarily and free from coercion; and (5) the marriage would not be detrimental to the minor.

Sec. 2. Section 46b-150d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

An order that a minor is emancipated shall have the following effects: (1) The minor may consent to medical, dental or psychiatric care, without parental consent, knowledge or liability; (2) the minor may enter into a binding contract; (3) the minor may sue and be sued in such minor's own name; (4) the minor shall be entitled to such minor's own earnings and shall be free of control by such minor's parents or guardian; (5) the minor may establish such minor's own residence; (6) the minor may buy and sell real and personal property; (7) the minor may not thereafter be the subject of (A) a petition under section 46b-129 as an abused, neglected or uncared for child or youth, (B) a petition under section 46b-128 or 46b-133 as a delinquent child for any act committed before the date of the order, or (C) a petition under section 46b-149 alleging that the minor is a child from a family with service needs; (8) the minor may enroll in any school or college, without parental consent; (9) the minor shall be deemed to be over eighteen years of age for purposes of securing an operator's license under section 14-36 and a marriage license under [subsection (b) of section 46b-30] section 46b-20a, as amended by this act; (10) the minor shall be deemed to be over eighteen years of age for purposes of registering a motor vehicle under section 14-12; (11) the parents of the minor shall no longer be the guardians of the minor under section 45a-606; (12) the parents of a minor shall be relieved of any obligations respecting such minor's school attendance under section 10-184; (13) the parents shall be relieved of all obligation to support the minor; (14) the minor shall be emancipated for the purposes of parental liability for such minor's acts under section 52-572; (15) the minor may execute releases in such minor's own name under section 14-118; (16) the minor may enlist in the armed forces of the United States without parental consent; and (17) the minor may access or obtain a certified copy of a birth certificate under section 7-51.

Sec. 3. Section 7-45 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

Each person making any certificate of birth, marriage, civil union, death or fetal death, or any copy of such certificate for the commissioner, or any sexton's report required by law, shall cause the same to be typewritten or printed in a legible manner as to all material information or facts required by the provisions of sections 7-48, 7-60, [and] 7-62b, [and sections] 46b-25 and 46b-29 [to 46b-30, inclusive, or sections 46b-38hh to 46b-38jj, inclusive,] and contained in such certificate. If the certificate is in paper format, such person shall sign the certificate in black ink, shall state therein in what capacity such person so signs, and shall type or print in a legible manner the name of each person signing such certificate, under such person's signature. If the certificate is in an electronic format, such certificate shall be authenticated by the electronic vital records system of the department. Any certificate not complying with the requirements of this section shall be returned by the registrar with whom it is filed to the person making the same for the proper correction.

Sec. 4. Subsection (a) of section 46b-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Except as provided in section 46b-28a, no persons may be joined in marriage in this state until both have complied with the provisions of this section, [section] sections 46b-20a, as amended by this act, 46b-25 and [sections] 46b-29 to 46b-33, inclusive, and have been issued a license by the registrar for the town in which the marriage is to be celebrated, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of said sections.

Sec. 5. Section 46b-30 of the general statutes is repealed. (Effective October 1, 2017)

Approved June 20, 2017