TABLE OF CONTENTS TITLE 23 DOMESTIC RELATIONS GENERAL PROVISIONS

Transcription

1 TABLE OF CONTENTS TITLE 23 DOMESTIC RELATIONS PART I. GENERAL PROVISIONS Chapter 1. Preliminary Provisions 101. Short title of title Definitions. PART II. MARRIAGE Chapter 11. Preliminary Provisions Short title of part Definitions Common-law marriage Forms Fees Records and statistics. Chapter 13. Marriage License Marriage license required Application for license Waiting period after application Restrictions on issuance of license Examination and tests for syphilis (Repealed) Oral examination Issuance of license Judicial review of refusal to issue license Filing applications and consent certificates Duration and form of license. Chapter 15. Marriage Ceremony Form of marriage certificates Forms where parties perform ceremony Persons qualified to solemnize marriages Returns of marriages. Chapter 17. Miscellaneous Provisions Relating to Marriage Decree that spouse of applicant is presumed decedent Marriage during existence of former marriage Marriage within degree of consanguinity Marriage between persons of the same sex. Chapter 19. Abolition of Actions for Alienation of Affections and Breach of Promise to Marry Actions for alienation of affections abolished Actions for breach of promise to marry abolished Purpose of chapter Filing or threatening to file actions prohibited Instruments executed in satisfaction of abolished claims prohibited. PART III. ADOPTION

2 Chapter 21. Preliminary Provisions Short title of part Definitions. Chapter 23. Jurisdiction and Parties Subchapter A. Jurisdiction Court Venue. Subchapter B. Parties Who may be adopted Who may adopt Representation. Chapter 25. Proceedings Prior to Petition to Adopt Subchapter A. Voluntary Relinquishment Relinquishment to agency Relinquishment to adult intending to adopt child Hearing Alternative procedure for relinquishment Confidentiality Counseling. Subchapter B. Involuntary Termination Grounds for involuntary termination Petition for involuntary termination Hearing. Subchapter C. Decree of Termination Effect of decree of termination. Subchapter D. Reports and Investigation Home study and preplacement report Report of intention to adopt Filing of report Report of intermediary Exhibits Investigation. Subchapter E. Pennsylvania Adoption Cooperative Exchange Definitions Pennsylvania Adoption Cooperative Exchange Registration of children Responsibilities of PACE Responsibilities of public and private agencies Related activities of agencies unaffected Regulations and staff Retroactive application of subchapter. Chapter 27. Petition for Adoption Subchapter A. Petition

3 2701. Contents of petition for adoption Exhibits. Subchapter B. Consents Consents necessary to adoption Consents not naming adopting parents When other consents not required When consent of parent not required. Subchapter C. Hearings Notice of hearing Place of hearing Attendance at hearing Testimony and investigation Religious belief. Subchapter D. Voluntary Agreement for Continuing Contact Purpose of subchapter Definitions Parties to agreement Consent of a child Filing and approval of an agreement Failure to comply Modification of agreement Enforcement of agreement Discontinuance of agreement Procedures for facilitating and resolving agreements involving a county child welfare agency Counsel Costs. Chapter 29. Decrees and Records Subchapter A. General Provisions Time of entry of decree of adoption Requirements and form of decree of adoption Retention of parental status Name of adoptee Impounding of proceedings and access to records (Repealed) Docket entries Certificate of adoption Foreign decree of adoption Medical history information (Repealed) Penalty for unauthorized disclosure. Subchapter B. Records and Access to Information Definitions Combined request for information Reasonable fees Immunity from liability Court and agency records Attorney records. Subchapter C. Information Registry

4 2921. Establishment of registry Informational material Filing information with registry Who may request information from registry Providing information from registry Rules and regulations. Subchapter D. Release of Information Access to information Nonidentifying information Identifying information Statement of medical and social history information Confidentiality Refusal to search Original birth record Rules and regulations. PART IV. DIVORCE Chapter 31. Preliminary Provisions Short title of part Legislative findings and intent Definitions Bases of jurisdiction Effect of agreement between parties Premarital agreements. Chapter 33. Dissolution of Marital Status Subchapter A. General Provisions Grounds for divorce Counseling Annulment of void and voidable marriages Grounds for annulment of void marriages Grounds for annulment of voidable marriages Proceedings to determine marital status Defenses Action where defendant suffering from mental disorder General appearance and collusion. Subchapter B. Procedure Hearing by master Jury trial Decree of court. Subchapter C. Attacks Upon Decrees Limitations on attacks upon decrees Opening or vacating decrees Res judicata and estoppel. Chapter 35. Property Rights Definitions Equitable division of marital property Effect of divorce on property rights generally Disposition of property after termination of marriage Disposition of property to defeat obligations.

5 3506. Statement of reasons for distribution Division of entireties property between divorced persons Conveyance of entireties property to divorced spouse. Chapter 37. Alimony and Support Alimony Alimony pendente lite, counsel fees and expenses Enforcement of arrearages Payment of support, alimony and alimony pendente lite Enforcement of foreign decrees Bar to alimony Effect of death of either party. Chapter 39. Mediation Mediation programs Fees and costs Review of programs Existing programs. PART V. SUPPORT, PROPERTY AND CONTRACTS Chapter 41. General Provisions Liability for debts contracted before marriage Proceedings in case of debts contracted for necessaries (Reserved) Right of married person to separate earnings Loans between married persons Construction of chapter. Chapter 43. Support Matters Generally Subchapter A. General Provisions Scope of chapter Definitions Information to consumer reporting agency Cooperation of Commonwealth agencies (Repealed) Cooperation of government and nongovernment agencies General administration of support matters Duties of Title IV-D attorney State income tax intercept Lottery winnings intercept Collection of overdue support from monetary awards Publication of delinquent support obligors. Subchapter B. Support Liability for support Support guideline Support of emancipated child Inclusion of spousal medical support Payment of order of support Mandatory inclusion of child medical support Postsecondary educational costs. Subchapter C. Proceedings Generally

6 4341. Commencement of support actions or proceedings Expedited procedure Paternity Contempt for failure of obligor to appear Contempt for noncompliance with support order Contempt for noncompliance with visitation or partial custody order (Repealed) Security for attendance or performance Attachment of income Consolidation of proceedings Effect of appeal Costs and fees Continuing jurisdiction over support orders Duty to report Willful failure to pay support order Denial or suspension of licenses. Subchapter D. Proceedings Against Entireties Property Execution of support order against entireties property Plaintiff's share of proceeds of sale Trustee to distribute proceeds of sale Credit to plaintiff who purchases property Rights of divorced person in entireties property sold for support Other enforcement remedies preserved. Subchapter E. Title IV-D Program and Related Matters Definitions Establishment of Title IV-D program Administration of Title IV-D program State disbursement unit Access to records Central registry Power to expedite support cases Assistance recipients to seek support Cooperation required Enforcement of cooperation requirements Garnishment of wages of Commonwealth employees. Subchapter F. New Hire Reporting Definitions Employer reporting Use of information Guidelines Confidentiality Penalties. Chapter 45. Reciprocal Enforcement of Support Orders (Repealed) (Repealed). Chapter 46. Support of the Indigent Scope of chapter Definitions Relatives' liability; procedure Property liable for expenses Recovery of money Guardian.

7 PART VI. CHILDREN AND MINORS Chapter 51. General Provisions Attainment of full age Children declared to be legitimate Acknowledgment and claim of paternity Blood tests to determine paternity Fingerprinting of children. Chapter 52. Uniform Child Abduction Prevention Scope of chapter Definitions Cooperation and communication among courts Actions for abduction prevention measures Jurisdiction Contents of petition Factors to determine risk of abduction Provisions and measures to prevent abduction Warrant to take physical custody of child Duration of abduction prevention order Uniformity of application and construction Relation to Electronic Signatures in Global and National Commerce Act. Chapter 53. Child Custody Scope of chapter Definitions Award of custody Standing for any form of physical custody or legal custody Standing for partial physical custody and supervised physical custody Effect of adoption Presumption in cases concerning primary physical custody Factors to consider when awarding custody Consideration of criminal conviction Consideration of child abuse and involvement with protective services Consideration of criminal charge Parenting plan Informational programs Counseling as part of order Guardian ad litem for child Counsel for child Access to records and information Relocation Modification of existing order Award of counsel fees, costs and expenses Court-appointed child custody health care or behavioral health practitioners. Chapter 54. Uniform Child Custody Jurisdiction and Enforcement Subchapter A. General Provisions Short title of chapter Definitions.

8 5403. Proceedings governed by other law Application to Native American tribes International application of chapter Effect of child custody determination Priority Notice to persons outside Commonwealth Appearance and limited immunity Communication between courts Taking testimony in another state Cooperation between courts; preservation of records. Subchapter B. Jurisdiction Initial child custody jurisdiction Exclusive, continuing jurisdiction Jurisdiction to modify determination Temporary emergency jurisdiction Notice; opportunity to be heard; joinder Simultaneous proceedings Inconvenient forum Jurisdiction declined by reason of conduct Information to be submitted to court Appearance of parties and child. Subchapter C. Enforcement Definitions Enforcement under Hague Convention Duty to enforce Temporary visitation Registration of child custody determination Enforcement of registered determination Simultaneous proceedings Expedited enforcement of child custody determination Service of petition and order Hearing and order Warrant to take physical custody of child Costs, fees and expenses Recognition and enforcement Appeals Role of prosecutor or public official Role of law enforcement Costs and expenses. Subchapter D. Intrastate Application Intrastate application. Subchapter E. Miscellaneous Provisions Application and construction Severability. Chapter 55. Liability for Tortious Acts of Children Definitions Liability of parents Establishing liability in criminal or juvenile proceedings Establishing liability in civil proceedings Monetary limits of liability Double recovery for same injury prohibited.

9 5507. Indemnity or contribution from child prohibited Liability of parent not having custody or control of child Other liability of parent or child unaffected. Chapter 56. Standby Guardianship Subchapter A. Preliminary Provisions Short title of chapter Definitions Scope. Subchapter B. General Provisions Designation Petition for approval of a designation Authority of standby guardian Revocation Conflicting documents Bond. Chapter 57. Sex Trafficking and Missing and Abducted Children Definitions County responsibilities Law enforcement responsibilities. PART VII. ABUSE OF FAMILY Chapter 61. Protection from Abuse Short title of chapter Definitions Jurisdiction Full faith and credit and foreign protection orders Responsibilities of law enforcement agencies Commencement of proceedings Hearings Relief Return of relinquished firearms, other weapons and ammunition and additional relief Relinquishment for consignment sale, lawful transfer or safekeeping Relinquishment to third party for safekeeping Registry or database of firearm ownership Penalties for release of information Service of orders Emergency relief by minor judiciary Domestic violence counselor/advocate Disclosure of addresses Arrest for violation of order Private criminal complaints for violation of order or agreement Contempt for violation of order or agreement Civil contempt or modification for violation of an order or agreement Reporting abuse and immunity Confidentiality Procedure and other remedies Full faith and credit (Repealed) Immunity.

10 6120. Inability to pay Warrantless searches Construction. Chapter 63. Child Protective Services Subchapter A. Preliminary Provisions Short title of chapter Findings and purpose of chapter Definitions Exclusions from child abuse Electronic reporting Regulations. Subchapter B. Provisions and Responsibilities for Reporting Suspected Child Abuse Persons required to report suspected child abuse Privileged communications Persons encouraged to report suspected child abuse Reporting procedure Photographs, medical tests and X-rays of child subject to report Taking child into protective custody Admission to private and public hospitals Mandatory reporting and postmortem investigation of deaths Immunity from liability Penalties Protection from employment discrimination. Subchapter C. Powers and Duties of Department Establishment of Statewide database Establishment of Statewide toll-free telephone number Continuous availability of department Disposition of complaints received Responsibility for investigation Access to information in Statewide database Information in Statewide database Disposition and expunction of unfounded reports and general protective services reports Disposition of founded and indicated reports Expunction of information of perpetrator who was under 18 years of age when child abuse was committed Confidentiality of reports Release of information in confidential reports Exchange of information Amendment or expunction of information Studies of data in records Investigating performance of county agency Citizen review panels Employees having contact with children; adoptive and foster parents Information relating to certified or licensed child-care home residents Volunteers having contact with children Continued employment or participation in program, activity or service Recertification Audits by Attorney General.

11 6346. Cooperation of other agencies Reports to Governor and General Assembly Regulations Penalties. Subchapter C (Repealed) Subchapter C (Repealed) Students in Public and Private Schools (Repealed) Background Checks for Employment in Schools (Repealed) Subchapter D. Organization and Responsibilities of Child Protective Service Organization for child protective services Responsibilities of county agency for child protective services County plan for protective services Purchasing services of other agencies Services for prevention, investigation and treatment of child abuse Continuous availability to receive reports Reports to department and coroner Investigation of reports Taking child into protective custody (Repealed) Voluntary or court-ordered services; findings of child abuse Rehabilitative services for child and family Protecting well-being of children maintained outside home General protective services responsibilities of county agency Principles and goals of general protective services County agency requirements for general protective services Appeals with respect to general protective services Caseloads Purchase of services. Subchapter E. Miscellaneous Provisions Evidence in court proceedings Guardian ad litem for child in court proceedings (Repealed) Education and training Legislative oversight Reimbursement to county agencies Mandatory reporting of children under one year of age. Chapter 65. Newborn Protection Short title of chapter Definitions Nonliability Health care providers accepting newborns Police officers accepting newborns Emergency services providers accepting newborns Incubators for newborns.

12 6505. Reporting acceptance of newborns Failure to report acceptance of newborns Immunity Duty of hospital Duties of department. Chapter 67. Domestic and Sexual Violence Victim Address Confidentiality Short title of chapter Definitions Address Confidentiality Program Persons eligible to apply Application and certification process Cancellation, expiration and voluntary withdrawal Agency use of designated address Disclosure of actual address Waiver process Emergency disclosure Penalties Rules and regulations Civil immunity. PART VIII. UNIFORM INTERSTATE FAMILY SUPPORT Chapter 71. General Provisions Short title of part Definitions Remedies cumulative (Repealed) State tribunal and support enforcement agency Cumulative remedies Application of part to resident of foreign country and foreign support proceeding. Chapter 72. Jurisdiction Subchapter A. Extended Personal Jurisdiction Bases for jurisdiction over nonresident Procedure when exercising jurisdiction over nonresident (Repealed) Duration of personal jurisdiction. Subchapter B. Proceedings Involving Two or More States or a Foreign Country Initiating and responding tribunal of this State Simultaneous proceedings Continuing, exclusive jurisdiction to modify child support orders Continuing jurisdiction to enforce child support orders. Subchapter C. Reconciliation of Multiple Orders Determination of controlling child support order Multiple child support orders for two or more obligees Credit for payments Application of part to nonresident subject to personal jurisdiction.

13 7211. Continuing, exclusive jurisdiction to modify spousal support order. Chapter 73. Civil Provisions of General Application Proceedings under this part Action by minor parent Application of law of this State Duties of initiating tribunal Duties and powers of responding tribunal Inappropriate tribunal Duties of support enforcement agency Supervisory duty Private counsel Duties of department Pleadings and accompanying documents Nondisclosure of information in exceptional circumstances Costs and fees Limited immunity of petitioner Nonparentage as defense Special rules of evidence and procedure Communications between tribunals Assistance with discovery Receipt and disbursement of payments. Chapter 74. Establishment of Support Order or Determination of Parentage Establishment of support order Proceeding to determine parentage. Chapter 75. Enforcement of Support Order Without Registration Employer's receipt of income-withholding order of another state Employer's compliance with income-withholding order of another state Compliance with multiple income-withholding orders Immunity from civil liability Penalties for noncompliance Contest by obligor Administrative enforcement of orders. Chapter 76. Registration, Enforcement and Modification of Support Order Subchapter A. Registration for Enforcement of Support Order Registration of order for enforcement Procedure to register order for enforcement Effect of registration for enforcement Choice of law. Subchapter B. Contest of Validity or Enforcement Notice of registration of order Procedure to contest validity or enforcement of registered support order Contest of registration or enforcement Confirmed order.

14 Subchapter C. Registration and Modification of Child Support Order of Another State Procedure to register child support order of another state for modification Effect of registration for modification Modification of child support order of another state Recognition of order modified in another state Jurisdiction to modify child support order of another state when individual parties reside in this State Notice to issuing tribunal of modification. Subchapter D. Registration and Modification of Foreign Child Support Order Jurisdiction to modify child support order of a foreign country Procedure to register child support order of a foreign country for modification. Chapter 77. Determination of Parentage (Repealed) 7701 (Repealed). Chapter 77A. Support Proceeding Under Convention 77A01. Definitions. 77A02. Applicability. 77A03. Relationship of department to United States central authority. 77A04. Initiation by department of support proceeding under convention. 77A05. Direct request. 77A06. Registration of convention support order. 77A07. Contest of registered convention support order. 77A08. Recognition and enforcement of registered convention support order. 77A09. Partial enforcement. 77A10. Foreign support agreement. 77A11. Modification of convention child support order. 77A12. Personal information. 77A13. Record in original language. Chapter 78. Interstate Rendition Grounds for rendition Conditions of rendition. Chapter 79. Miscellaneous Provisions Uniformity of application and construction Transitional provision Severability. PART VIII-A. INTRASTATE FAMILY SUPPORT Chapter 81. General Provisions Short title of part and definitions Scope Remedies cumulative.

15 Chapter 82. Jurisdiction Continuing, exclusive jurisdiction Recognition of support orders Credit for payments. Chapter 83. Civil Provisions of General Application Proceedings under this part Action by minor parent Duties of initiating tribunal Duties and powers of responding tribunal Inappropriate tribunal Duties of support enforcement agency Supervisory duty Private counsel Nondisclosure of information in exceptional circumstances Nonparentage not a defense Special rules of evidence and procedure Assistance with discovery Costs and fees. Chapter 84. Enforcement and Modification of Support Order After Registration Subchapter A. Registration of Support Order Registration of order Procedure to register order. Subchapter B. Contest of Validity or Enforcement Notice of registration of order Procedure to contest validity of registered order Contest of registration or enforcement Confirmed order Effect of a confirmed order. PART IX. MISCELLANEOUS PROVISIONS (Repealed) Chapter 83. Legitimacy of Children (Repealed) (Repealed). TITLE 23 DOMESTIC RELATIONS Part I. General Provisions II. Marriage III. Adoption IV. Divorce V. Support, Property and Contracts VI. Children and Minors VII. Abuse of Family VIII. Uniform Interstate Family Support VIII-A. Intrastate Family Support IX. Miscellaneous Provisions (Repealed)

16 Enactment. Unless otherwise noted, the provisions of Title 23 were added October 15, 1980, P.L.934, No.163, effective January 1, Chapter 1. Preliminary Provisions PART I GENERAL PROVISIONS Enactment. Part I was added December 19, 1990, P.L.1240, No.206, effective in 90 days. Sec Short title of title Definitions. CHAPTER 1 PRELIMINARY PROVISIONS Enactment. Chapter 1 was added December 19, 1990, P.L.1240, No.206, effective in 90 days Short title of title. This title shall be known and may be cited as the Domestic Relations Code Definitions. (a) General rule.--subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Clerk of court" or "clerk." The personnel of the office of the prothonotary or clerk of the division of the court having jurisdiction over the matter. "Court." The court or magisterial district judge having jurisdiction over the matter under Title 42 (relating to judiciary and judicial procedure) exercised as provided in Title 42 or as otherwise provided or prescribed by law. (b) Title 42 definitions.--subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, words and phrases not defined in subsection (a) which are defined in 42 Pa.C.S. 102 (relating to definitions) when used in this title shall have the meanings given to them in Title 42 unless the context clearly indicates otherwise. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. Act 207 amended the def. of "court" in subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law. Chapter 11. Preliminary Provisions 13. Marriage License PART II MARRIAGE

17 15. Marriage Ceremony 17. Miscellaneous Provisions Relating to Marriage 19. Abolition of Actions for Alienation of Affections and Breach of Promise to Marry Enactment. Part II was added December 19, 1990, P.L.1240, No.206, effective in 90 days Partial Repeal. Section 13 of Act 127 of 1998 provided that Part II is repealed insofar as it is inconsistent with Act 127. Sec Short title of part Definitions Common-law marriage Forms Fees Records and statistics. CHAPTER 11 PRELIMINARY PROVISIONS Enactment. Chapter 11 was added December 19, 1990, P.L.1240, No.206, effective in 90 days Short title of part. This part shall be known and may be cited as the Marriage Law Definitions. The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Department." The Department of Health of the Commonwealth. "Marriage." A civil contract by which one man and one woman take each other for husband and wife. "Marriage license" or "license." A license to marry issued under this part. (Oct. 16, 1996, P.L.706, No.124, eff. 60 days) 1996 Amendment. Act 124 added the def. of "marriage." Common-law marriage. No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage otherwise lawful and contracted on or before January 1, 2005, invalid. (Nov. 23, 2004, P.L.954, No.144, eff. 60 days) Forms. Marriage license applications, consent certificates, marriage licenses and other necessary forms shall be supplied at the expense of the county and shall be uniform throughout this Commonwealth as prescribed by the department. Statements of physicians and laboratories relative to examinations for syphilis shall be prepared and furnished by the department Fees. (a) General rule.--the fee to be charged for issuing a marriage license or declaration and for returns thereof to the department shall be $3 of which $2.50 shall be retained by the county wherein the license is issued and 50 shall be remitted to the Commonwealth. (b) Transmitting Commonwealth moneys.--all moneys collected under this section for the Commonwealth shall be transmitted

18 to the State Treasurer no later than the tenth day of the following month. Fees. Section 19 of the Marriage Law from which this section was derived was repealed December 19, 1990, P.L.1240, No.206, and amended December 20, 1990, P.L.1471, No.222, and that section remains effective under 1 Pa.C.S (relating to effect of separate amendments on code provisions enacted by same General Assembly) as a result of the 1990 amendment Records and statistics. (a) Filing transcript or record.--the county shall furnish the department, not later than the 15th day of each month, with a transcript or record of each marriage license issued and each return of the celebration of a marriage received or filed during the preceding calendar month. (b) Forms.--The transcripts or records required to be furnished shall be made on forms prepared and furnished by the department and shall contain such information as the department may require. (c) Confidentiality.--The records furnished to the department under this section shall not be open to public inspection except as authorized by the regulations of the Advisory Health Board. (d) Statistics.--The department shall from time to time compile and publish statistics derived from records furnished under this section. CHAPTER 13 MARRIAGE LICENSE Sec Marriage license required Application for license Waiting period after application Restrictions on issuance of license Examination and tests for syphilis (Repealed) Oral examination Issuance of license Judicial review of refusal to issue license Filing applications and consent certificates Duration and form of license. Enactment. Chapter 13 was added December 19, 1990, P.L.1240, No.206, effective in 90 days Marriage license required. (a) General rule.--no person shall be joined in marriage in this Commonwealth until a marriage license has been obtained. (b) Place of marriage ceremony.--a license issued under this part shall authorize a marriage ceremony to be performed in any county of this Commonwealth. (c) Identity of applicants.--prior to issuance of the license, the person issuing the license must be satisfied as to the identity of both of the applicants Application for license. (a) General rule.--no marriage license shall be issued except upon written and verified application made by both of the parties intending to marry. (b) Contents.--The application shall contain the following: (1) The full name of the applicants.

19 (2) The occupation, birthplace, residence and age of the applicants. An applicant intending to marry who is a program participant in the Address Confidentiality Program under Chapter 67 (relating to domestic and sexual violence victim address confidentiality) may use the substitute address designated by the Office of Victim Advocate pursuant to Chapter 67 as the address of their residence. (3) Whether the marriage contemplated is the first, second or other marriage of an applicant. (4) A statement that neither of the applicants is afflicted with transmissible disease. (5) The full name, residence, occupation and birthplace of the parents of each applicant, including the maiden name of the mother of each applicant. An applicant may use the substitute address designated by the Office of Victim Advocate pursuant to Chapter 67 for a parent's residence if: (i) the applicant is a program participant in the Address Confidentiality Program under Chapter 67 and the applicant resides with the applicant's parents; or (ii) the applicant's parent is a program participant in the Address Confidentiality Program under Chapter 67. (6) Any other facts necessary to determine whether a legal impediment to the proposed marriage exists. (Dec. 22, 1993, P.L.555, No.79, eff. 60 days; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days) Waiting period after application. (a) General rule.--no marriage license shall be issued prior to the third day following the making of application therefor. (b) Exceptions.--The court may authorize a license to be issued at any time after the making of the application in the following cases: (1) In case of emergency or extraordinary circumstances. (2) If an applicant is a member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States and is called or ordered to active duty with the armed forces of the United States. (Nov. 23, 2004, P.L.954, No.144, eff. 60 days) Cross References. Section 1303 is referred to in section 1307 of this title 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

20 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. Act 35 repealed subsec. (a) Amendment. Act 79 amended subsec. (b). Cross References. Section 1304 is referred to in sections 1306, 3304 of this title; section 1201 of Title 4 (Amusements); section 8204 of Title 74 (Transportation) Examination and tests for syphilis (Repealed) Repeal. Section 1305 was repealed June 25, 1997, P.L.331, No.35, effective immediately Oral examination. (a) General rule.--each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to: (1) The legality of the contemplated marriage. (2) Any prior marriage or marriages and its or their dissolution. (3) The restrictions set forth in section 1304 (relating to restrictions on issuance of license). (4) All the information required to be furnished on the application for license as prepared and approved by the department. (b) Exception.--If an applicant is unable to appear in person because of his active military service, the applicant shall be permitted to forward an affidavit, which verifies all of the information required under subsection (a), to the issuing authority. (c) Form.--The department shall develop and make available affidavit forms to be used by applicants under subsection (b). (d) Definition.--As used in this section, the term "active military service" means active service in any of the armed services or forces of the United States or this Commonwealth. (Oct. 27, 2006, P.L.1192, No.126, eff. 60 days) Issuance of license. The marriage license shall be issued if it appears from properly completed applications on behalf of each of the parties

21 to the proposed marriage that there is no legal objection to the marriage. Except as provided by section 1303(b) (relating to waiting period after application), the license shall not be issued prior to the third day following the date of the most recent of the two applications therefor Judicial review of refusal to issue license. (a) Certifying proceedings to court.--if the issuance of a marriage license is refused, upon request of the applicants, the proceedings shall immediately be certified to the court without formality or expense to the applicants. (b) Prompt hearing.--the application for a marriage license shall be heard by a judge of the court, without a jury, in court or in chambers at the earliest possible time Filing applications and consent certificates. The applications for marriage licenses and consent certificates shall be immediately filed and docketed as public records Duration and form of license. The marriage license shall not be valid for a longer period than 60 days from the date of issue and shall be in substantially the following form: Commonwealth of Pennsylvania ss: No.... County of (name) To any person authorized by law to solemnize marriage: You are hereby authorized to join together in holy state of matrimony, according to the laws of the Commonwealth of Pennsylvania, (name) and (name). Given under my hand and seal of the Court of Common Pleas of (name), at (city, borough or town), on (date). Signed... (Official Title) CHAPTER 15 MARRIAGE CEREMONY Sec Form of marriage certificates Forms where parties perform ceremony Persons qualified to solemnize marriages Returns of marriages. Enactment. Chapter 15 was added December 19, 1990, P.L.1240, No.206, effective in 90 days Form of marriage certificates. The marriage license shall have appended to it two certificates, numbered to correspond with the license (one marked original and one marked duplicate), which shall be in substantially the following form: I hereby certify that on (date), at (city, borough or town), Pennsylvania, (name) and (name) were by me united in marriage, in accordance with license issued by the Court of Common Pleas of (name) numbered... Signed... (Title of person solemnizing marriage) Address... Cross References. Section 1501 is referred to in section 1502 of this title Forms where parties perform ceremony.

22 (a) Declaration of authorization.--in all cases in which the parties intend to solemnize their marriage by religious ceremony without officiating clergy, the marriage shall not take place until their right so to do is certified in a declaration in substantially the following form: Commonwealth of Pennsylvania ss: No.... County of (name) To (name) and (name) Legal evidence having been furnished to me, in accordance with law, this certifies that I am satisfied that there is no legal impediment to you joining yourselves together in marriage. Signed... (Official Title) (b) Marriage certificates.--in lieu of the certificate set forth in section 1501 (relating to form of marriage certificates), there shall be appended to the declaration two certificates, numbered to correspond to the declaration, in the following form: We hereby certify that on (date), we united ourselves in marriage, at (city, borough or town), County of (name), Pennsylvania, having first obtained from the Court of Common Pleas of (name) a declaration numbered. that the court was satisfied that there was no existing legal impediment to our so doing. Signed... Signed... We, the undersigned, were present at the solemnization of the marriage of (name) and (name), as set forth in the foregoing certificate. Signed... Signed Persons qualified to solemnize marriages. (a) General rule.--the following are authorized to solemnize marriages between persons that produce a marriage license issued under this part: (1) A justice, judge or magisterial district judge of this Commonwealth. (2) A former or retired justice, judge or magisterial district judge of this Commonwealth who is serving as a senior judge or senior magisterial district judge as provided or prescribed by law; or not serving as a senior judge or senior magisterial district judge but meets the following criteria: (i) has served as a magisterial district judge, judge or justice, whether or not continuously or on the same court, by election or appointment for an aggregate period equaling a full term of office; (ii) has not been defeated for reelection or retention; (iii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to any misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (iv) has not resigned a judicial commission to avoid having charges filed or to avoid prosecution by Federal,

23 State or local law enforcement agencies or by the Judicial Conduct Board; (v) has not been removed from office by the Court of Judicial Discipline; and (vi) is a resident of this Commonwealth. (3) An active or senior judge or full-time magistrate of the District Courts of the United States for the Eastern, Middle or Western District of Pennsylvania. (3.1) An active, retired or senior bankruptcy judge of the United States Bankruptcy Courts for the Eastern, Middle or Western District of Pennsylvania who is a resident of this Commonwealth. (4) An active, retired or senior judge of the United States Court of Appeals for the Third Circuit who is a resident of this Commonwealth. (5) A mayor of any city or borough of this Commonwealth. (5.1) A former mayor of a city or borough of this Commonwealth who: (i) has not been defeated for reelection; (ii) has not been convicted of, pleaded nolo contendere to or agreed to an Accelerated Rehabilitative Disposition or other probation without verdict program relative to a misdemeanor or felony offense under the laws of this Commonwealth or an equivalent offense under the laws of the United States or any one of its possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation; (iii) has not resigned the position of mayor to avoid having charges filed or to avoid prosecution by Federal, State or local law enforcement agencies; (iv) has served as a mayor, whether continuously or not, by election for an aggregate of a full term in office; and (v) is a resident of this Commonwealth. (6) A minister, priest or rabbi of any regularly established church or congregation. (b) Religious organizations.--every religious society, religious institution or religious organization in this Commonwealth may join persons together in marriage when at least one of the persons is a member of the society, institution or organization, according to the rules and customs of the society, institution or organization. (c) Marriage license needed to officiate.--no person or religious organization qualified to perform marriages shall officiate at a marriage ceremony without the parties having obtained a marriage license issued under this part. (June 22, 2000, P.L.443, No.59, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Dec. 1, 2004, P.L.1777, No.232, eff. 60 days; July 14, 2009, P.L.81, No.18, eff. imd.) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law Returns of marriages. (a) General rule.--the original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage. The duplicate certificate shall be signed by the person or by a member of the religious society, institution or organization solemnizing the marriage and returned for recording within ten days to the court which issued the license.

24 (b) Marriage performed by parties.--if the marriage was solemnized by the parties themselves, the original certificate shall be signed by the parties to the marriage, attested by two witnesses and retained by the parties contracting the marriage. The duplicate certificate shall be signed by the parties to the marriage, attested by the same two witnesses and returned for recording within ten days to the court issuing the license. CHAPTER 17 MISCELLANEOUS PROVISIONS RELATING TO MARRIAGE Sec Decree that spouse of applicant is presumed decedent Marriage during existence of former marriage Marriage within degree of consanguinity Marriage between persons of the same sex. Enactment. Chapter 17 was added December 19, 1990, P.L.1240, No.206, effective in 90 days Decree that spouse of applicant is presumed decedent. (a) Finding of death.--when the spouse of an applicant for a marriage license has disappeared or is absent from the place of residence of the spouse without being heard of after diligent inquiry, the court, aided by the report of a master if necessary, upon petition of the applicant for a marriage license, may make a finding and decree that the absentee is dead and the date of death if notice to the absentee has been given as provided in subsection (d) and either of the applicants is and for one year or more prior to the application has been a resident of this Commonwealth. (b) Presumption from absence.--when the death of the spouse of an applicant for a marriage license is in issue, the unexplained absence from the last known place of residence and the fact that the absentee has been unheard of for seven years may be sufficient ground for finding that the absentee died seven years after the absentee was last heard from. (c) Exposure to specific peril.--the fact that an absentee spouse was exposed to a specific peril of death may be a sufficient ground for finding that the absentee died less than seven years after the absentee was last heard from. (d) Notice to absentee.--the court may require advertisement in any newspapers as the court, according to the circumstances of the case, deems advisable of the fact of the application for the marriage license, together with notice that, at a specified time and place, the court or a master appointed by the court will hear evidence concerning the alleged absence, including the circumstances and duration thereof. (e) Remarriage after decree of presumed death.--even though the absentee spouse declared to be presumed dead is in fact alive, the remarriage of the spouse who has obtained a license to marry and a decree of presumed death of the former spouse shall be valid for all purposes as though the former marriage had been terminated by divorce, and all property of the presumed decedent shall be administered and disposed of as provided by Title 20 (relating to decedents, estates and fiduciaries) Marriage during existence of former marriage. (a) General rule.--if a married person, during the lifetime of the other person with whom the marriage is in force, enters into a subsequent marriage pursuant to the requirements of this part and the parties to the marriage live together thereafter as husband and wife, and the subsequent marriage was entered