CHAPTER 35

FORMERLY

HOUSE BILL NO. 75

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGE.

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

Section 2. Amend § 123(a) of Title 13 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

“(a) No individual under the age of 18 shall be granted a marriage license except under the provisions of subsection (b).”.

Section 3. Amend § 123(b) of Title 13 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

“(b) If an applicant for a license to marry is under the age of 18 years, the license shall not be issued unless a Judge of the Family Court sitting in the county where the minor applicant resides signs an order allowing the applicant to marry in accordance with the procedure set forth in subsection (c). The Court shall make a decision on the petition in accordance with the best interests of the minor seeking to be married; the wishes of the minor and such minor’s parents or legal guardians; the mental and physical health of the individuals to be married; the criminal history of the individuals seeking to be married; whether the proposed marriage would violate any Delaware laws; and such other information which the Court deems appropriate.”.

Section 4. Amend § 123(c) of Title 13 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

“(c) A parent, legal guardian or next friend on the minor’s behalf shall petition the Family Court in the county where the minor applicant resides for an order allowing said applicant to marry.”.

Section 5. Amend § 123(d) of Title 13 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

“(d) If the proposed marriage involves minors who reside in different counties within Delaware, the petition shall be filed in the county where the youngest minor resides.”.

Section 6. Amend §§ 123(e) and (f) of Title 13 of the Delaware Code by striking said subsections in their entirety.

Approved May 23, 2007