CHAPTER 1. WHO MAY MARRY
IC 31-11
ARTICLE 11. FAMILY LAW: MARRIAGE
IC 31-11-1
Chapter 1. Who May Marry
IC 31-11-1-1
Same sex marriages prohibited
Sec. 1. (a) Only a female may marry a male. Only a male may
marry a female.
(b) A marriage between persons of the same gender is void in
Indiana even if the marriage is lawful in the place where it is
solemnized.
As added by P.L.1-1997, SEC.3. Amended by P.L.198-1997, SEC.1.
IC 31-11-1-2
Marriage to close relative prohibited; marriages between cousins;
exceptions
Sec. 2. Two (2) individuals may not marry each other if the
individuals are more closely related than second cousins. However,
two (2) individuals may marry each other if the individuals are:
(1) first cousins; and
(2) both at least sixty-five (65) years of age.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-3
Bigamous marriages prohibited
Sec. 3. Two (2) individuals may not marry each other if either
individual has a husband or wife who is alive.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-4
Minimum age for marriage
Sec. 4. Except as provided in section 5 or 6 of this chapter, two
(2) individuals may not marry each other unless both individuals are
at least eighteen (18) years of age.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-5
Consent to underage marriage
Sec. 5. Two (2) individuals may marry each other if:
(1) both individuals are at least seventeen (17) years of age;
(2) each individual who is less than eighteen (18) years of age
receives the consent required by IC 31-11-2; and
(3) the individuals are not prohibited from marrying each other
for a reason set forth in this article.
As added by P.L.1-1997, SEC.3.
IC 31-11-1-6
Issuance of marriage license to underage persons; procedure;
confidentiality of records
Sec. 6. (a) Two (2) individuals may marry each other if:
(1) the individuals are not prohibited from marrying for a reason
set forth in this article; and
(2) a circuit or superior court of the county of residence of
either individual considers the information required to be
submitted by subsection (b) and authorizes the clerk of the
circuit court to issue the individuals a marriage license.
(b) A court may not authorize the clerk of the circuit court to issue
a marriage license under subsection (a) unless:
(1) the individuals have filed with the court a verified petition
that includes allegations that:
(A) the female is at least fifteen (15) years of age;
(B) the female is pregnant or is a mother;
(C) each of the individuals who is less than eighteen (18)
years of age has received the consent required by
IC 31-11-2;
(D) the male is at least fifteen (15) years of age and is either:
(i) the putative father of the expected child of the female;
or
(ii) the father of the female's child; and
(E) the individuals desire to marry each other;
(2) the court has provided notice of the hearing required by this
section to both parents of both petitioners or, if applicable to
either petitioner:
(A) to the legally appointed guardian or custodian of a
petitioner; or
(B) to one (1) parent of a petitioner if the other parent:
(i) is deceased;
(ii) has abandoned the petitioner;
(iii) is mentally incompetent;
(iv) is an individual whose whereabouts is unknown; or
(v) is a noncustodial parent who is delinquent in the
payment of court ordered child support on the date the
petition is filed;
(3) a hearing is held on the petition in which the petitioners and
interested persons, including parents, guardians, and custodians,
are given an opportunity to appear and present evidence; and
(4) the allegations of the petition filed under subdivision (1)
have been proven.
(c) A court's authorization granted under subsection (a):
(1) constitutes part of the confidential files of the clerk of the
circuit court; and
(2) may be inspected only by written permission of a circuit,
superior, or juvenile court.
As added by P.L.1-1997, SEC.3.