Court Opinions

State Laws

US Code

US Constitution

Restrictions on issuance of license - 23 Pa. Cons. Stat. § 1304

Legal Research Home > Pennsylvania Statutes

     § 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        (a)  Examinations and tests for syphilis.--(Repealed).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 16 years of age unless the
        court decides that it is to the best interest of the
        applicant and authorizes the issuance of the license.
            (2)  No marriage license may be issued if either of the
        applicants is under 18 years of age unless the consent of the
        custodial parent or guardian of the applicant is personally
        given before the person issuing the license or is certified
        under the hand of the custodial parent or guardian attested
        by two adult witnesses and, in the latter case, the signature
        of the custodial parent or guardian is acknowledged before an
        officer authorized by law to take acknowledgments. When the
        minor has no guardian and a judge of the court is absent or
        not accessible for any reason, the office issuing the license
        may appoint a guardian pro hac vice for the minor.
        (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.)

        1997 Repeal Note.  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 8204 of Title 74
     (Transportation).

Last modified: November 27, 2007