CHAPTER 1. WHO MAY MARRY
IC 31-11
ARTICLE 11. FAMILY LAW: MARRIAGE
IC 31-11-1
Chapter 1. Who May Marry
IC 31-11-1-1
Same sex marriages prohibited
Sec. 1. (a) Only a female may marry a male. Only a male maymarry a female.
(b) A marriage between persons of the same gender is void inIndiana even if the marriage is lawful in the place where it issolemnized.
As added by P.L.1-1997, SEC.3. Amended by P.L.198-1997, SEC.1.
IC 31-11-1-2
Marriage to close relative prohibited; marriages between cousins;exceptions
Sec. 2. Two (2) individuals may not marry each other if theindividuals are more closely related than second cousins. However,two (2) individuals may marry each other if the individuals are:
(1) first cousins; and
(2) both at least sixty-five (65) years of age.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-3
Bigamous marriages prohibited
Sec. 3. Two (2) individuals may not marry each other if eitherindividual has a husband or wife who is alive.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-4
Minimum age for marriage
Sec. 4. Except as provided in section 5 or 6 of this chapter, two(2) individuals may not marry each other unless both individuals areat least eighteen (18) years of age.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-5
Consent to underage marriage
Sec. 5. Two (2) individuals may marry each other if:
(1) both individuals are at least seventeen (17) years of age;
(2) each individual who is less than eighteen (18) years of agereceives the consent required by IC 31-11-2; and
(3) the individuals are not prohibited from marrying each otherfor a reason set forth in this article.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-6
Issuance of marriage license to underage persons; procedure;
confidentiality of records
Sec. 6. (a) Two (2) individuals may marry each other if:
(1) the individuals are not prohibited from marrying for a reasonset forth in this article; and
(2) a circuit or superior court of the county of residence ofeither individual considers the information required to besubmitted by subsection (b) and authorizes the clerk of thecircuit court to issue the individuals a marriage license.
(b) A court may not authorize the clerk of the circuit court to issuea marriage license under subsection (a) unless:
(1) the individuals have filed with the court a verified petitionthat includes allegations that:
(A) the female is at least fifteen (15) years of age;
(B) the female is pregnant or is a mother;
(C) each of the individuals who is less than eighteen (18)years of age has received the consent required byIC 31-11-2;
(D) the male is at least fifteen (15) years of age and is either:
(i) the putative father of the expected child of the female;or
(ii) the father of the female's child; and
(E) the individuals desire to marry each other;
(2) the court has provided notice of the hearing required by thissection to both parents of both petitioners or, if applicable toeither petitioner:
(A) to the legally appointed guardian or custodian of apetitioner; or
(B) to one (1) parent of a petitioner if the other parent:
(i) is deceased;
(ii) has abandoned the petitioner;
(iii) is mentally incompetent;
(iv) is an individual whose whereabouts is unknown; or
(v) is a noncustodial parent who is delinquent in thepayment of court ordered child support on the date thepetition is filed;
(3) a hearing is held on the petition in which the petitioners andinterested persons, including parents, guardians, and custodians,are given an opportunity to appear and present evidence; and
(4) the allegations of the petition filed under subdivision (1)have been proven.
(c) A court's authorization granted under subsection (a):
(1) constitutes part of the confidential files of the clerk of thecircuit court; and
(2) may be inspected only by written permission of a circuit,superior, or juvenile court.
As added by P.L.1-1997, SEC.3.