Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 13

23 Pa. Cons. Stat. § 1304

 Restrictions on issuance of license.

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§ 1304.  Restrictions on issuance of license.

(a)  Examinations and tests for syphilis.--(Repealed).

(b)  Minors.--

(1)  No marriage license may be issued if either of the applicants for a license is under 18 years of age.

(2)  (Deleted by amendment).

(c)  Incompetent persons.--No marriage license may be issued if either of the applicants for a license is weak minded, insane, of unsound mind or is under guardianship as a person of unsound mind unless the court decides that it is for the best interest of the applicant and the general public to issue the license and authorizes the issuance of the license.

(d)  Persons under influence of alcohol or drugs.--No marriage license may be issued if, at the time of making application, either of the applicants is under the influence of alcohol or drugs.

(e)  Marriage to relatives.--No marriage license may be issued to applicants within the prohibited degrees of consanguinity which are as follows:

A man may not marry his mother.

A man may not marry the sister of his father.

A man may not marry the sister of his mother.

A man may not marry his sister.

A man may not marry his daughter.

A man may not marry the daughter of his son or daughter.

A man may not marry his first cousin.

A woman may not marry her father.

A woman may not marry the brother of her father.

A woman may not marry the brother of her mother.

A woman may not marry her brother.

A woman may not marry her son.

A woman may not marry the son of her son or daughter.

A woman may not marry her first cousin.

(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; June 25, 1997, P.L.331, No.35, eff. imd.; May 8, 2020, P.L.121, No.18, eff. 60 days)

 

2020 Amendment.  Act 18 amended subsec. (b).

1997 Repeal.  Act 35 repealed subsec. (a).

1993 Amendment.  Act 79 amended subsec. (b).

Cross References.  Section 1304 is referred to in sections 1306, 3304 of this title; section 1201 of Title 4 (Amusements); section 8204 of Title 74 (Transportation).

Notes of Decisions
Cited in 14 cases, 1993–2019 · leading case: Roper v. Simmons
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Roper v. Simmons (2005) scotus · cites it 2× “060 (2003) Pennsylvania 18 23 Pa. Cons. Stat. § 1304 (1997) Rhode Island 18 R.”
In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C. (2016) pa · cites it 2× “§ 4302 (criminalizing incest); 23 Pa.C.S. § 1304(e) (prohibiting marriage between relatives, including between a parent and child).”
Devlin v. City of Philadelphia (2004) pa · cites it 2× “Namely, as explained above, just as individuals seeking to marry must establish that they are 18 years old, are competent to contract, and do not share certain blood relationships, see 23 Pa.C.S. § 1304, the Legislation requires the same of Life Partners.”
Shepp v. Shepp (2006) pa · cites it 2× “The conclusion that there has been no evidence of a grave threat to the child would be difficult to explain if the court had previously found that Father "clearly would" coerce Kaylynne into polygamy, a practice that it has already noted was "illegal," "immoral," and "illogical.”
Parents United for Better Schools, Inc. v. School District of Philadelphia Board of Education (1994) pacommwct · cites it 2× “§ 1507, or a marriage license, Section 1304(b)(2) of the Domestic Relations Act, 23 Pa.C.S. § 1304(b)(2). Additionally, Miranda rights can not be waived unless a minor is permitted to consult with a parent or another interested adult party.”
Commonwealth v. Rahim (2004) mass “§ 4302 (West 1983); 23 Pa. Cons. Stat. Ann. § 1304(e) (West 2001); Wash.”
Devlin v. City of Philadelphia (2002) pacommwct · cites it 2× “The amendment also requires that the same-gender couple not be blood-related in a way that would disallow marriage in this Commonwealth under Section 1304(e) of the Marriage Law, 23 Pa.C.S. § 1304(e) (regarding marriage to relatives).”
In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C. (2015) pasuperct “23 Pa.C.S. § 1304. Indeed, I do not believe the Legislature intended such results when it enacted the cause provision under Section 2901 of the Act.”
James Farmer v. State of Florida (2019) fladistctapp “43 § 3 (2018); 23 Pa. Cons. Stat. § 1304 (2018); R.I. Gen.”
Commonwealth, Department of Health v. Hanes (2013) pacommwct “23 Pa.C.S. § 1304(c), (d), (e). Under Section 1306, Hanes is required to examine each applicant in person as to: (1) the legality of the contemplated marriage; (2) any prior marriages and their dissolution; (3) any of the Section 1304 restrictions; and (4) all information that…”
Teti v. Huron Insurance (1996) paed “§ 8611 (West 1995) (under civil statute, consent to execution of anatomical gifts ineffective if less than eighteen years-old); 23 Pa.Cons.Stat. §§ 1304, 3305 (West 1995) (under civil statute, consent to marriage ineffective if less than eighteen years-old); 23 Pa.”
In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C. (2015) pasuperct “See 23 Pa.C.S. § 1304(e). - 15 - J-A07036-14 parental rights to Children.”
Show all 14 citing cases →
— 23 Pa. Cons. Stat. § 1304(b)(1) — 1 case
Shepp v. Shepp (2006) pa “The conclusion that there has been no evidence of a grave threat to the child would be difficult to explain if the court had previously found that Father "clearly would" coerce Kaylynne into polygamy, a practice that it has already noted was "illegal," "immoral," and "illogical.”
— 23 Pa. Cons. Stat. § 1304(b)(2) — 1 case
Parents United for Better Schools, Inc. v. School District of Philadelphia Board of Education (1994) pacommwct “§ 1507, or a marriage license, Section 1304(b)(2) of the Domestic Relations Act, 23 Pa.C.S. § 1304(b)(2). Additionally, Miranda rights can not be waived unless a minor is permitted to consult with a parent or another interested adult party.”
— 23 Pa. Cons. Stat. § 1304(c) — 1 case
Commonwealth, Department of Health v. Hanes (2013) pacommwct “23 Pa.C.S. § 1304(c), (d), (e). Under Section 1306, Hanes is required to examine each applicant in person as to: (1) the legality of the contemplated marriage; (2) any prior marriages and their dissolution; (3) any of the Section 1304 restrictions; and (4) all information that…”
— 23 Pa. Cons. Stat. § 1304(e) — 5 cases
In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C. (2016) pa “§ 4302 (criminalizing incest); 23 Pa.C.S. § 1304(e) (prohibiting marriage between relatives, including between a parent and child).”
Commonwealth v. Rahim (2004) mass “§ 4302 (West 1983); 23 Pa. Cons. Stat. Ann. § 1304(e) (West 2001); Wash.”
Devlin v. City of Philadelphia (2002) pacommwct “The amendment also requires that the same-gender couple not be blood-related in a way that would disallow marriage in this Commonwealth under Section 1304(e) of the Marriage Law, 23 Pa.C.S. § 1304(e) (regarding marriage to relatives).”
In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C. (2015) pasuperct “See 23 Pa.C.S. § 1304(e). - 15 - J-A07036-14 parental rights to Children.”
In re Involuntary Termination of Parental Rights K.D.M.A. (1993) pactcomplbucks
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