(a)A minor who is sixteen (16) or seventeen
(17)years of age may petition the juvenile court in the county in which
the minor resides for an order granting the minor approval to marry and
completely emancipating the minor. The petition must contain the
following information:
(1)The minor's name, gender, and age.
(2)Documentary proof of the minor's date of birth.
(3)The minor's address, and how long the minor has resided at
that address.
(4)The following information with regard to the intended spouse:
(A)The intended spouse's name, gender, and age.
(B)Documentary proof of the intended spouse's date of birth.
(C)The intended spouse's address, and how long the intended
spouse has resided at that address.
(5)A statement of:
(A)the reasons the minor desires to marry;
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(a) A minor who is sixteen (16) or seventeen
(17) years of age may petition the juvenile court in the county in which
the minor resides for an order granting the minor approval to marry and
completely emancipating the minor. The petition must contain the
following information:
(1) The minor's name, gender, and age.
(2) Documentary proof of the minor's date of birth.
(3) The minor's address, and how long the minor has resided at
that address.
(4) The following information with regard to the intended spouse:
(A) The intended spouse's name, gender, and age.
(B) Documentary proof of the intended spouse's date of birth.
(C) The intended spouse's address, and how long the intended
spouse has resided at that address.
(5) A statement of:
(A) the reasons the minor desires to marry;
(B) how the minor and the intended spouse came to know each
other; and
(C) how long the minor and the intended spouse have known
each other.
(6) Copies of:
(A) any criminal records of the minor and of the intended
spouse; and
(B) any protective order:
(i) issued to protect or restrain either the minor or the
intended spouse; and
(ii) relating to domestic or family violence, a sexual offense,
or stalking.
(7) Evidence that the minor has demonstrated maturity and
capacity for self-sufficiency and self-support independent of the
minor's parents or legal guardians or the intended spouse,
including proof that the minor:
(A) has graduated from high school;
(B) has obtained a high school equivalency diploma;
(C) has a plan for continued education;
(D) has completed a vocational training or certificate program;
(E) has attained a professional licensure or certification; or
(F) has maintained stable housing or employment for at least
three (3) consecutive months prior to filing the petition.
(b) A court with which a petition under subsection (a) is filed shall:
(1) set a date for an evidentiary hearing on the petition;
(2) provide reasonable notice of the hearing to the minor and the
minor's parents or legal guardians; and
(3) appoint an attorney to serve as guardian ad litem for the
minor.
(c) At the evidentiary hearing, the court shall conduct an in camera
interview with the minor separate from the minor's parents or legal
guardians and intended spouse.
(d) Following the evidentiary hearing, and subject to subsection (e),
the court may grant the petition if the court finds all of the following:
(1) The minor is a county resident who is at least sixteen (16)
years of age.
(2) The intended spouse is not more than four (4) years older than
the minor.
(3) The minor's decision to marry is voluntary, and free from
force, fraud, or coercion.
(4) The minor is mature enough to make a decision to marry.
(5) The minor has established the minor's capacity to be
self-sufficient and self-supporting independent of the minor's
parents, legal guardians, and intended spouse.
(6) The minor understands the rights and responsibilities of
parties to marriage and of completely emancipated minors.
(7) It is in the best interests of the minor for the court to grant the
petition to marry and to completely emancipate the minor. In
making the determination under this subdivision, the court shall
consider how marriage and emancipation may affect the minor's
health, safety, education, and welfare.
A court that grants a petition under this section shall issue written
findings regarding the court's conclusions under subdivisions (1)
through (7).
(e) The following, considered independently or together, are not
sufficient to determine the best interests of a minor for purposes of this
section:
(1) The fact that the minor or the intended spouse is pregnant or
has had a child.
(2) The wishes of the parents or legal guardians of the minor.
However, there is a rebuttable presumption that marriage and
emancipation are not in the best interests of the minor if both parents
of the minor oppose the minor's marriage and emancipation.
(f) The juvenile court shall deny a petition under this section if the
court finds any of the following:
(1) The intended spouse:
(A) is or was in a position of authority or special trust in
relation to the minor; or
(B) has or had a professional relationship with the minor, as
defined in IC 35-42-4-7.
(2) The intended spouse has been convicted of, or entered into a
diversion program for, an offense under IC 35-42:
(A) that involves an act of violence;
(B) of which a child was the victim; or
(C) that is an offense under:
(i) IC 35-42-3.5; or
(ii) IC 35-42-4.
(3) Either the minor or the intended spouse is pregnant or is the
mother of a child, and the court finds by a preponderance of
evidence that:
(A) the other party to the marriage is the father of the child or
unborn child; and
(B) the conception of the child or unborn child resulted from
the commission of an offense under:
(i) IC 35-42-4-3 (child molesting);
(ii) IC 35-42-4-6 (child solicitation);
(iii) IC 35-42-4-7 (child seduction); or
(iv) IC 35-42-4-9 (sexual misconduct with a minor).
(4) The intended spouse has previously been enjoined by a
protective order relating to domestic or family violence, a sexual
offense, or stalking, regardless of whether the person protected by
the order was the minor.
(g) If a court grants a petition under this section, the court shall also
issue an order of complete emancipation of the minor and provide a
certified copy of the order to the minor.
(h) A minor emancipated under this section is considered to have all
the rights and responsibilities of an adult, except as provided under
specific constitutional or statutory age requirements that apply to the
minor because of the minor's age, including requirements related to
voting, use of alcoholic beverages or tobacco products, and other health
and safety regulations.
(i) A court hearing a petition under this section may issue any other
order the court considers appropriate for the minor's protection.
(j) A court that grants a petition under this section may require that
both parties to the marriage complete premarital counseling with a
marriage and family therapist licensed under IC 25-22.5, IC 25-23.6-8,
or IC 25-33.
(k) A court that grants a petition under this section may impose any
other condition on the grant of the petition that the court determines is
reasonable under the circumstances.