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MI House Bill 4294

Legislation

State: Michigan
Signed: September 18, 2023

Effective: September 18, 2023
Chapter: Public Act No. 121

Summary
Eliminates the notarized written consent of a parent or legal guardian of a minor seeking to be married.
Affects
Amends Section 551.103 of the Michigan Compiled Laws.
Changes
  1. Clarifies that the age of marriage is 18.
  2. No longer requires a consent to marriage of a minor by 1 or more parents to be given personally in the presence of the county clerk or be acknowledged before a Notary Public or other officer authorized to administer oaths.
Analysis

House Bill 4296 more broadly strikes a provision allowing a person who was at least 16 years of age but less than 18 years of age to contract into a marriage with the written consent of one of his or her parents or legal guardian. Now an individual must be 18 years of age or older to enter a marriage. Under the prior law, if a minor sought a marriage license, the age in the minor’s application for a marriage license along with the minor’s birth certificate would alert a county clerk that the applicant was a minor. Then, the county clerk would require either the applicant for a marriage license or the person he or she intended to marry to obtain written consent of 1 of the parents or legal guardians of each of the minors. The consent had to be given in the presence of the county clerk or acknowledged before a Notary Public or other officer authorized to administer oaths. Since the age of marriage is now 18, there is no longer any need for the written and notarized consent of parents or legal guardians.

Read House Bill 4294.

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