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90_SB1188
750 ILCS 5/202 from Ch. 40, par. 202
750 ILCS 5/203 from Ch. 40, par. 203
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that, if the parties to a prospective marriage
submit to the county clerk a pre-marital education program
certificate and the parties have complied with other
applicable requirements, the county clerk shall issue a
license to marry without delay. Provides that, if the parties
have complied with other applicable requirements but do not
submit a pre-marital education program certificate, the
county clerk shall issue a license to marry 60 days after the
date an application for a marriage license is submitted;
however, if the parties submit a pre-marital education
program certificate during that 60-day period, the county
clerk shall then issue a license to marry without further
delay. Provides that a pre-marital education program
certificate shall be issued to parties to a prospective
marriage after the parties complete a pre-marital education
program conducted by a behavioral health professional or an
official representative of a religious institution. Sets
forth various program requirements. Provides that, if either
of the parties to a prospective marriage is under 18 years of
age and unemancipated, one parent or legal guardian of each
party shall also complete the program.
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 202 and 203.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 202 and 203 as
7 follows:
8 (750 ILCS 5/202) (from Ch. 40, par. 202)
9 Sec. 202. Marriage License and Marriage Certificate.)
10 (a) The Director of Public Health shall prescribe the
11 form for an application for a marriage license, which shall
12 include the following information:
13 (1) name, sex, occupation, address, social security
14 number, date and place of birth of each party to the
15 proposed marriage;
16 (2) if either party was previously married, his
17 name, and the date, place and court in which the marriage
18 was dissolved or declared invalid or the date and place
19 of death of the former spouse;
20 (3) name and address of the parents or guardian of
21 each party; and
22 (4) whether the parties are related to each other
23 and, if so, their relationship; and.
24 (5) name and address of the pre-marital education
25 program provider, if any.
26 (b) The Director of Public Health shall prescribe the
27 forms for the marriage license, the marriage certificate, the
28 pre-marital education program certificate, and, when
29 necessary, the consent to marriage.
30 (Source: P.A. 80-923.)
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1 (750 ILCS 5/203) (from Ch. 40, par. 203)
2 Sec. 203. License to Marry.
3 (a) When a marriage application has been completed and
4 signed by both parties to a prospective marriage and both
5 parties have appeared before the county clerk and the
6 marriage license fee has been paid, the county clerk shall
7 issue a license to marry and a marriage certificate form upon
8 being furnished:
9 (1) satisfactory proof that each party to the
10 marriage will have attained the age of 18 years at the
11 time the marriage license is effective or will have
12 attained the age of 16 years and has either the consent
13 to the marriage of both parents or his guardian or
14 judicial approval; provided, if one parent cannot be
15 located in order to obtain such consent and diligent
16 efforts have been made to locate that parent by the
17 consenting parent, then the consent of one parent plus a
18 signed affidavit by the consenting parent which (i) names
19 the absent parent and states that he or she cannot be
20 located, and (ii) states what diligent efforts have been
21 made to locate the absent parent, shall have the effect
22 of both parents' consent for purposes of this Section;
23 (2) satisfactory proof that the marriage is not
24 prohibited; and
25 (3) an affidavit or record as prescribed in
26 subparagraph (1) of Section 205 or a court order as
27 prescribed in subparagraph (2) of Section 205, if
28 applicable.
29 (b) If the parties to a prospective marriage submit to
30 the county clerk a pre-marital education program certificate
31 issued in accordance with this subsection (b) and the parties
32 have complied with the applicable requirements of subsection
33 (a), the county clerk shall issue a license to marry without
34 delay. If the parties have complied with the applicable
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1 requirements of subsection (a) but do not submit a
2 pre-marital education program certificate issued in
3 accordance with this subsection (b), the county clerk shall
4 issue a license to marry 60 days after the date an
5 application for a marriage license is submitted; however, if
6 the parties submit a pre-marital education program
7 certificate issued in accordance with this subsection (b)
8 during that 60-day period, the county clerk shall then issue
9 a license to marry without further delay.
10 A pre-marital education program certificate shall be
11 issued to parties to a prospective marriage after the parties
12 complete a pre-marital education program conducted by a
13 behavioral health professional or an official representative
14 of a religious institution. The pre-marital education program
15 certificate shall state that the parties to a prospective
16 marriage have completed the pre-marital education program
17 requirements of this subsection (b). If either of the parties
18 to a prospective marriage is under 18 years of age and
19 unemancipated, one parent or legal guardian of each party
20 shall also complete the pre-marital education program. The
21 certificate shall be signed by the person who conducted the
22 pre-marital education program sessions. The certificate
23 shall be filed by the county clerk after the parties submit
24 it to the county clerk. The Department of Professional
25 Regulation shall provide a list of pre-marital education
26 program providers to each county clerk. Pre-marital education
27 programs for minors shall include counseling on minors and
28 marriage and on extended family roles. Each pre-marital
29 education program provider shall establish a sliding fee
30 schedule that accommodates families of various financial
31 means and shall provide services on a pro bono basis where
32 appropriate. As used in this subsection (b), "behavioral
33 health professional" means a person licensed by the
34 Department of Professional Regulation to provide mental
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1 health services.
2 (c) With each marriage license, the county clerk shall
3 provide a pamphlet describing the causes and effects of fetal
4 alcohol syndrome.
5 (Source: P.A. 86-832; 86-884; 86-1028.)