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Sponsors
1 Co-sponsor
History
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the age of consent for purposes of marriage
In Assembly Committee · Judiciary · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the domestic relations law, in relation to the age of consent for purposes of marriage
Purpose
To prohibit marriage of minors under sixteen years of age and to amend the process to obtain court approval for marriage of persons at least sixteen years of age but under eighteen years of age.
Summary of provisions
Section one amends subdivisions 1(a), 2 and 3 of section 15 of the domestic relations law, paragraph (a) of subdivision 1, as amended by chapter 415 of the laws of 2014, subdivision 2 as amended by chapter 126 of the laws of 1984 and subdivision 3 as amended by section 5 of part W2 of chapter 62 of the laws of 2003, to provide that the town or city clerk shall require each applicant for a marriage license to present documentary proof of age as set forth in subdivision 1(a). If it shall appear from the affidavits and statements taken and from the documentary proof of age presented that the persons for whose marriage a license is demanded are legally competent to marry, such clerk shall issue the license. In cases where it shall appear that either party is at least sixteen years of age but under eighteen years of age the process by which a justice of the supreme court or a judge of the family court having jurisdiction over the town or city in which the application is made is amended to provide, among other things: (i) the appointment of an attorney for the child for each minor party which attorney shall have received training in domestic violence including a component on forced marriage; (ii) the sealing of all papers and records pertaining to any such application; (iii) prior to issuing approval and consent, the holding by the justice of the supreme court or a judge of the family court an in camera interview, separately with each minor party, such justice of the supreme court or a judge of the family court required to make affirmative findings specified in subdivision 3, taking into consideration, among other relevant factors, the factors set forth is said subdivision 3. Neither current or past pregnancy of either individual, nor the wishes of the parents or legal guardians of the minor intending to be married shall be the sole basis for consent or approval under this subdivision. If it shall appear upon an application for a marriage license that either party is under the age of sixteen years, then the town or city clerk shall not issue a license to marry.
Read the full memo (949 words)
Section two amends section 13-b of the domestic relations law, as amended by chapter 652 of the laws of 2007, to allow the solemnization of marriage permitted under this section of a party to be married to at least sixteen years of age in lieu of under sixteen upon making affirmative findings required under subdivision 3 of section 15 of the domestic relations law.
Section three amends section 15-a of the domestic relations law, as amended by chapter 126 of the laws of 1984, to increase the age of minors who are prohibited from marrying to sixteen from fourteen.
Section four provides the effective date.
Justification
As highlighted in a recent New York Times Op-Ed (Fraidy Reiss, "America's Child-Marriage Problem," Oct. 13, 2015), a survey by the Tahirih Justice Center identified 3,000 known or suspected cases of forced marriage in the United States between 2009 to 2011, many of which involved girls under age 18. Parents force their children into marriages, citing reasons such as protecting "family honor," controlling the child's behavior and/or sexuality, and enhancing the family's status. Such reasons are reminiscent of the reasons for allowing girls age fourteen and over but under age sixteen to marry with court approval in 1929. The occurrence of child marriage is not limited to a particular culture or religion, but is widespread in the United States (Reiss). Child marriage or forced marriage, or both, occur in families across faiths, including Muslim, Christian, Hindu, Buddhist, Sikh, Orthodox Jew, Mormon and Unification Church (2011 National Survey Results, Tahirih Justice Center). Tactics such as threats of ostracism, beatings or death are used to force children to marry against their will.
According to Reiss, data from the State Department of Health reveal that in the period 2000-2010, 3,853 children were married in New York. In 2013 alone, there were 80 marriages in New York, outside of New York City, where at least one party was under age eighteen (New York State Department of Health Table 46: Marriages by Age of Bride and Age of Groom - New York State Exclusive of New York City).
Based on anecdotal evidence, we have learned that the court approval process under current law for the authorization of marriage of persons under sixteen years of age has not provided adequate protections for a child against abuse and fraud on the part of parents or guardians to force a child into marriage. This legislation will strengthen the process as applied to marriage of persons at least sixteen but under eighteen years of age.
With respect to children under the age of sixteen, however, as a matter of public policy, no parent or court should be permitted to bind a child under the age of sixteen to a contract where the child lacks the capacity as well as the opportunity to consent.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately and shall apply to licenses issued on and after such effective date and to marriages that have not been solemnized prior to such effective date.
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