§ 595.2

595.2 Gender — age. 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, themarriage 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 theperson who falsely represented their age chooses to void the marriage by making their trueage known and verified by a birth certificate or other legal evidence of age in an annulmentproceeding initiated at any time before the person reaches their eighteenth birthday. A childborn 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.

male 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 orincompetent the certificate may be executed by the other parent, if both parents are deador incompetent the guardian of the underage party may execute the certificate, and if theparents 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 isapproved by a judge of the district court. A judge shall grant approval under this subsectiononly if the judge finds the underage party or parties capable of assuming the responsibilitiesof 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 theunderage

iesof 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 theunderage party or parties, however, if pregnancy is involved the court records which pertainto the fact that the female is pregnant shall be sealed and available only to the parties to themarriage 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. Ifthe 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, §44Referred to in §595.3, 595.20 Sat Dec 23 11:09:24 2023 Iowa Code 2024, Section 595.2 (15, 0)