North Carolina SB 452: Make Overgrown Vegetation Law Statewide.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 452

Short Title: End Child Marriage. (Public)
Sponsors: Senators Everitt, Grafstein, and Bradley (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S452-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE THAT ONLY INDIVIDUALS EIGHTEEN YEARS OR OLDER MAY 2
LAWFULLY MARRY. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 51-2 reads as rewritten: 5
"§ 51-2. Lawful age to marry. 6
(a) All Only unmarried persons of 18 years, or older, may lawfully marry. 7
(a1) Persons over 16 years of age and under 18 years of age may marry a person no more 8
than four years older, and the register of deeds may issue a license for the marriage, only after 9
there has been filed with the register of deeds a certified copy of an order issued by a district 10
court authorizing the marriage as provided in G.S. 51-2.1, or a written consent to the marriage, 11
said consent having been signed by the appropriate person as follows: 12
(1) By a parent having full or joint legal custody of the underage party; or 13
(2) By a person, agency, or institution having legal custody or serving as a 14
guardian of the underage party. 15
Such written consent shall not be required for an emancipated minor if a certificate of 16
emancipation issued pursuant to Article 35 of Chapter 7B of the General Statutes or a certified 17
copy of a final decree or certificate of emancipation from this or any other jurisdiction is filed 18
with the register of deeds. 19
(b) Repealed by Session Laws 2021-119, s. 1, effective August 26, 2021, and applicable 20
to marriage licenses pending or issued on or after that date. 21
(b1) It shall be unlawful for any person under 16 years of age to marry. 22
(c) When a license to marry is procured by any person under 18 years of age by fraud or 23
misrepresentation, a parent of the underage party, a person, agency, or institution having legal 24
custody or serving as a guardian of the underage party, or a guardian ad litem appointed to 25
represent the underage party pursuant to G.S. 51-2.1(b) is a proper party to bring an action to 26
annul the marriage." 27
SECTION 2. G.S. 51-2.1 reads as rewritten: 28
"§ 51-2.1. Marriage of certain underage parties. 29
(a) A district court judge may issue an order authorizing a marriage between a person 30
over 16 years of age and under 18 years of age, to a person no more than four years older under 31
this section only upon finding as fact and concluding as a matter of law that the underage party 32
is capable of assuming the responsibilities of marriage and the marriage will serve the best 33
interest of the underage party. In determining whether the marriage will serve the best interest of 34
an underage party, the district court shall consider the following: 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 452-First Edition
(1) The opinion of the parents of the underage party as to whether the marriage 1
serves the best interest of the underage party. 2
(2) The opinion of any person, agency, or institution having legal custody or 3
serving as a guardian of the underage party as to whether the marriage serves 4
the best interest of the underage party. 5
(3) The opinion of the guardian ad litem appointed to represent the best interest 6
of the underage party pursuant to G.S. 51-2.1(b) as to whether the marriage 7
serves the best interest of the underage party. 8
(4) The relationship between the underage party and the parents of the underage 9
party, as well as the relationship between the underage party and any person 10
having legal custody or serving as a guardian of the underage party. 11
(5) Any evidence that it would find useful in making its determination. 12
There shall be a rebuttable presumption that the marriage will not serve the best interest of 13
the underage party when all living parents of the underage party oppose the marriage. The fact 14
that the female is pregnant, or has given birth to a child, alone does not establish that the best 15
interest of the underage party will be served by the marriage. 16
(b) An underage party seeking an order granting judicial authorization to marry pursuant 17
to this section shall file a civil action in the district court requesting judicial authorization to 18
marry. The clerk shall collect court costs from the underage party in the amount set forth in 19
G.S. 7A-305 for civil actions in district court. Upon the filing of the complaint, summons shall 20
be issued in accordance with G.S. 1A-1, Rule 4, and the underage party shall be appointed a 21
guardian ad litem in accordance with the provisions of G.S. 1A-1, Rule 17. The guardian ad litem 22
appointed shall be an attorney and shall be governed by the provisions of subsection (d) of this 23
section. The underage party shall serve a copy of the summons and complaint, in accordance 24
with G.S. 1A-1, Rule 4, on the father of the underage party; the mot