HOUSE BILL NO. 4808
June 15, 2023, Introduced by Reps. Scott and Morgan and referred to the Committee on
Government Operations.
A bill to amend 1897 PA 180, entitled
"An act to provide for the issuance of marriage licenses and
certificates without publicity in certain cases; and to provide
criminal and civil penalties for violation of this act,"
by amending section 1 (MCL 551.201), as amended by 1983 PA 199.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) When a person If an individual desires to keep the
2 exact date of his or her marriage to a person of the opposite sex a
3 secret, the probate judge of probate may issue, without publicity,
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1 a marriage license to any person an individual making application,
2 under oath, if there is good reason expressed in the application
3 and determined to be sufficient by the probate judge. of probate.
4 (2) The probate judge of probate may marry, without publicity,
5 persons individuals under marriageable age, as provided in section
6 3 of Act No. 128 of the Public Acts of 1887, being section 551.103
7 of the Michigan Compiled Laws, 1887 PA 128, MCL 551.103, if the
8 application for the license is accompanied by 1 of the following:
9 (a) A written request of all of the biological or adopting
10 living parents of both parties, and their or if either or both of
11 the parents of a party are dead, the party's guardian or guardians.
12 if either or both of the parents are dead.
13 (b) A written request of the parents or guardians of the party
14 under marriageable age if only 1 party to the marriage is under the
15 marriageable age.
16 (3) If the noncustodial parent has been given notice of the
17 request for consent by personal service or registered mail at his
18 or her last known address and the noncustodial parent fails to
19 enter an objection within 5 days after receipt of notice, then the
20 consent shall be is required only of a the parent to whom custody
21 of a the child has been awarded by a court. The consent shall is
22 not be required of a parent confined under sentence in a state or
23 federal penal institution or confined in a mental psychiatric
24 hospital under adjudication of legal incapacity by a court of
25 competent jurisdiction or upon on the return of process by the
26 sheriff of the county in which the parent was last known to reside
27 made not less than 5 nor more than 14 days after issuance of the
28 process certifying that after diligent search the parent cannot be
29 found within the county.
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1 (4) The probate judge of probate may authorize an order nunc
2 pro tunc regarding the date to appear on the marriage license.
3 Enacting section 1. This amendatory act does not take effect
4 unless Senate Joint Resolution ____ or House Joint Resolution F
5 (request no. 00367'23) of the 102nd Legislature becomes a part of
6 the state constitution of 1963 as provided in section 1 of article
7 XII of the state constitution of 1963.
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Statutes affected:
House Introduced Bill: 551.201