Iowa Code

Iowa Code § 595.2 (2026)

Gender — age

✓ current as of July 2026

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1. Only a marriage between a male and a female is valid. 2. Additionally, a marriage between a male and a female is valid only if each is eighteen years of age or older. However, if either or both of the parties have not attained that age, the marriage may be valid under the circumstances prescribed in this section. 3. If either party to a marriage falsely represents the party’s self to be eighteen years of age or older at or before the time the marriage is solemnized, the marriage is valid unless the person who falsely represented their age chooses to void the marriage by making their true age known and verified by a birth certificate or other legal evidence of age in an annulment proceeding initiated at any time before the person reaches their eighteenth birthday. A child born of a marriage voided under this subsection is legitimate. 4. A marriage license may be issued to a male and a female either or both of whom are sixteen or seventeen years of age if both of the following apply: a. The parents of the underage party or parties certify in writing that they consent to the marriage. If one of the parents of any underage party to a proposed marriage is dead or incompetent the certificate may be executed by the other parent, if both parents are dead or incompetent the guardian of the underage party may execute the certificate, and if the parents are divorced the parent having legal custody may execute the certificate; and b. The certificate of consent of the parents, parent, or guardian is approved by a judge of the district court or, if both parents of any underage party to a proposed marriage are dead, incompetent, or cannot be located and the party has no guardian, the proposed marriage is approved by a judge of the district court. A judge shall grant approval under this subsection only if the judge finds the underage party or parties capable of assuming the responsibilities\n\nTue Dec 09 22:00:14 2025 Iowa Code 2026, Chapter 595 (24, 1) §595.2, MARRIAGE 2\n\nof marriage and that the marriage will serve the best interest of the underage party or parties. Pregnancy alone does not establish that the proposed marriage is in the best interest of the underage party or parties, however, if pregnancy is involved the court records which pertain to the fact that the female is pregnant shall be sealed and available only to the parties to the marriage or proposed marriage or to any interested party securing an order of the court. 5. If a parent or guardian withholds consent, the judge upon application of a party to a proposed marriage shall determine if the consent has been unreasonably withheld. If the judge so finds, the judge shall proceed to review the application under subsection 4, paragraph “b”. [C51, §1464, 1469; R60, §2516, 2521; C73, §2186, 2191; C97, §3140, 3143; C24, 27, 31, 35, 39, §10428, 10434; C46, 50, 54, 58, 62, 66, 71, 73, 75, §595.2, 595.8; C77, 79, 81, §595.2] 85 Acts, ch 67, §53; 98 Acts, ch 1099, §1; 99 Acts, ch 114, §44 Referred to in §595.3, 595.20

Notes of Decisions

Cited in 23 cases (2 in the last 5 years), 1967–2021 · leading case: Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009).

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Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). · cites it 28× “Classification Undertaken in Iowa Code Section 595.2. Plaintiffs believe Iowa Code section 595.”

Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “§§ 31-11-1-4 , 31-11-1-5, 31-11-2-1, 31-11-2-3 (2004) Iowa 18 Iowa Code § 595.2 (2003) Kansas 18 Kan. Stat.”

State of Iowa v. Denem Anthony Null, 836 N.W.2d 41 (Iowa 2013). · cites it 2× “§ 595.2(4), held unconstitutional in part on other grounds by Varnum v.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “1987) Iowa Iowa Code § 595.2 (1987) Kan. Kan. Stat. Ann.”

Alons v. Iowa Dist. Court for Woodbury Cnty., 698 N.W.2d 858 (Iowa 2005). · cites it 2× “Some of them are or have been active in the Iowa Legislature since or prior to April 1998, when Iowa Code section 595.2(1) was amended to define marriage as valid “[o]nly .”

Lewis v. Harris, 908 A.2d 196 (N.J. 2006). “Code § 31-11-1-1 ; Iowa Code § 595.2 ; Me. Rev. Stat. Ann. tit.”

Conaway v. Deane, 932 A.2d 571 (Md. 2007). “Code § 31-11-1-1; Iowa Code § 595.2 ; Me.RevStat. Ann. tit.”

Andersen v. King Cnty., 138 P.3d 963 (Wash. 2006). “§ 31-11-1-1 (2005) Iowa: Iowa Code Ann. § 595.2 (West Group 2001) *Kansas: Const.”

Kirkpatrick v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 64 P.3d 1056 (Nev. 2003). · cites it 2× “§ 19-3-37(b) (1999); Iowa Code § 595.2 (4)(a) (2001); La. Child.”

Andersen v. King Cnty., 158 Wash. 2d 1 (Wash. 2006). “§ 31-11-1-1 (2005) Iowa: Iowa Code Ann. § 595.2 (West Group 2001) *Kansas: Const, art.”

State v. Spencer, 737 N.W.2d 124 (Iowa 2007). “§ 595.2(2)-(5). On the other hand, the legislature has provided minors the right to consent in a few instances.”

Bd. of Directors of Indep. Sch. Dist. v. Green, 147 N.W.2d 854 (Iowa 1967). “See Code sections 595.2, 595.4, and 595.8. XI. Neither does the subject rule, in itself, deny to any student equal protection of the laws.”

Show all 23 citing cases →

— Iowa Code § 595.2(1) — 3 cases

Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). “Classification Undertaken in Iowa Code Section 595.2. Plaintiffs believe Iowa Code section 595.”

Alons v. Iowa Dist. Court for Woodbury Cnty., 698 N.W.2d 858 (Iowa 2005). “Some of them are or have been active in the Iowa Legislature since or prior to April 1998, when Iowa Code section 595.2(1) was amended to define marriage as valid “[o]nly .”

Katherine Varnum, Patricia Hyde, Dawn Barbouroske, Jennifer Barbouroske, Jason Morgan, Charles Swaggerty, David Twombley, Lawrence Hoch, William M. Musser, Otter Dreaming, Ingrid Olson, & Reva Evans Vs. Timothy J. Brien, In His Off. Capacities As The Polk Cnty. Recorder & Polk Cnty. Registrar (Iowa 2009).

— Iowa Code § 595.2(2) — 2 cases

State v. Spencer, 737 N.W.2d 124 (Iowa 2007). “§ 595.2(2)-(5). On the other hand, the legislature has provided minors the right to consent in a few instances.”

State Of Iowa Vs. Jeffrey Lewis Spencer (Iowa 2007).

— Iowa Code § 595.2(4) — 2 cases

State of Iowa v. Denem Anthony Null, 836 N.W.2d 41 (Iowa 2013). “§ 595.2(4), held unconstitutional in part on other grounds by Varnum v.”

State of Iowa v. Bree Deontez Wright (Iowa Ct. App. 2020).

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