LRB-4221/1
PJK:skg:jlb
1995 - 1996 LEGISLATURE
November 9, 1995 - Introduced by Representatives Powers, Musser, Skindrud,
Owens, Goetsch, Freese, Gunderson and Ladwig. Referred to Committee on
Children and Families.
AB670,1,2
1An Act to amend 765.09 (3) of the statutes;
relating to: the requirement for a
2certified copy of a birth certificate in order to obtain a marriage license.
Analysis by the Legislative Reference Bureau
Under current law, a person who is at least 18 years old may legally marry. A
person who is 16 or 17 years old may legally marry with the consent of his or her
parents, guardian, legal custodian or parent having actual care, custody and control
of the person. Current law also requires every applicant for a marriage license who
is under 30 years of age to show a certified copy of his or her birth certificate to the
clerk who is to issue the marriage license. This bill changes that age to 18 so that
only persons who are under the age of 18 years must show a certified copy of their
birth certificate in order to obtain a marriage license.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB670, s. 1
3Section
1. 765.09 (3) of the statutes is amended to read:
AB670,2,64
765.09
(3) Each party shall present satisfactory, documentary proof of
5identification and residence and shall swear (or affirm) to the application before the
6clerk who is to issue the marriage license or the person authorized to accept such
7applications in the county and state where the party resides. The application shall
8contain such informational items as the department of health and social services
9directs. Each applicant under
30 18 years of age shall exhibit to the clerk a certified
1copy of a birth certificate, and any applicants shall submit a copy of any judgments
2or a death certificate affecting the marital status. If such certificate or judgment is
3unobtainable, other satisfactory documentary proof of the requisite facts therein
4may be presented in lieu thereof. Whenever the clerk is not satisfied with the
5documentary proof presented, he or she shall submit the same, for an opinion as to
6the sufficiency of the proof, to a judge of a court of record in the county of application.
