(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 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.
(P.A. 09-13, S. 4; P.A. 16-66, S. 21; P.A. 17-54, S. 1.)
History: P.A. 09-13 effective April 23, 2009; P.A. 16-66 amended Subdiv. (1) to delete “marriage or”; P.A. 17-54 designated existing provisions re person eligible to marry as Subsec. (a) and amended same by substituting “subsection (b) of this section” for “section 46b-30” in Subdiv. (2), and added Subsec. (b) re issuance of license to minor who is at least 16 but under 18 years of age.
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