HB 5128
To amend the section of child marriage under 18
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law regarding child marriage. Currently, the minimum age of consent for marriage in West Virginia is 18. This bill raises the minimum age to 18, but allows for a marriage license to be issued to someone between 16 and 17 years old only if they are a West Virginia resident and receive written consent from the applicant and their parent(s) or legal guardian(s). It also includes provisions for annulment for those married under these circumstances before the law changes.
Key provisions
- Raises the minimum age of consent for marriage to 18 years.
- Allows marriage licenses to be issued to applicants aged 16 or 17 if they meet residency requirements and receive consent.
- Requires written consent from the applicant and their parent(s) or legal guardian(s) for those under 18.
- Specifies requirements for parental consent if parents are separated or divorced.
- Provides a pathway for annulment for marriages entered into before the law change.
- Requires applicants under 18 to be West Virginia residents.
- Excludes marriages entered into prior to the 2023 legislative session and those entered into outside of West Virginia.
- Requires consent to be acknowledged before an authorized officer.
Who is affected
- Minors seeking marriage
- Parents and legal guardians of minors
- County clerks
- West Virginia residents
- Marriage applicants
Notable changes
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