SENATE BILL No. 1255

 

 

December 4, 2018, Introduced by Senators O'BRIEN and JONES and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1897 PA 180, entitled

 

"An act to provide for the issuance of marriage licenses and

certificates without publicity in certain cases; and to provide

criminal and civil penalties for violation of this act,"

 

by amending section 1 (MCL 551.201), as amended by 1983 PA 199.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) When a person desires to keep the exact date of

 

his or her marriage to a person of the opposite sex a secret, the

 

probate judge of probate may issue, without publicity, a marriage

 

license to any person making application, under oath, if there is

 

good reason expressed in the application and determined to be

 

sufficient by the judge of probate.

 

     (2) The probate judge of probate may marry, without publicity,

 

persons under marriageable age, who are 16 years of age but less

 

than 18 years of age, as provided in section 3 of Act No. 128 of

 

the Public Acts of 1887, being section 551.103 of the Michigan

 

Compiled Laws, 1887 PA 128, MCL 551.103, if the application for the

 

license is accompanied by 1 of the following:

 

     (a) A written request of all of the biological or adopting

 

living parents of both parties, and their guardian or guardians if

 

either or both of the parents are dead.

 

     (b) A written request of the parents or guardians of the party

 

under marriageable age who is 16 years of age but less than 18

 

years of age if only 1 party to the marriage is under the

 

marriageable age.16 years of age but less than 18 years of age.

 

     (3) If the noncustodial parent has been given notice of the

 

request for consent by personal service or registered mail at his

 

or her last known address and the noncustodial parent fails to

 

enter an objection within 5 days after receipt of notice, then the

 

consent shall be required only of a parent to whom custody of a

 

child has been awarded by a court. The consent shall is not be

 

required of a parent confined under sentence in a state or federal

 

penal institution or confined in a mental hospital under

 

adjudication of legal incapacity by a court of competent

 

jurisdiction or upon the return of process by the sheriff of the

 

county in which the parent was last known to reside made not less

 

than 5 nor more than 14 days after issuance of the process

 

certifying that after diligent search the parent cannot be found

 

within the county.

 

     (4) The probate judge of probate may authorize an order nunc

 

pro tunc regarding the date to appear on the marriage license.

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.