Colorado § 14-2-108 - Judicial approval.

§ 14-2-108. Judicial approval.

(1) The juvenile court, as defined in section 19-1-103, after a reasonable effort has been made to notify the parents or legal guardians of each underage party, may order the county clerk and recorder pursuant to subsection (2) of this section to issue a marriage license and a marriage certificate form to a person sixteen or seventeen years of age.

(2) (a) The court may order the county clerk and recorder to issue a marriage license under subsection (1) of this section only if the court finds, after reviewing the report of the guardian ad litem appointed pursuant to subsection (2)(b) of this section, that the underage party is capable of assuming the responsibilities of marriage and the marriage would serve the underage party's best interests. Pregnancy alone does not establish that the best interests of the party would be served.

(b) (I) Prior to ordering the issuance of a marriage license to an underage party, the court shall appoint a guardian ad litem for the underage party and direct the guardian ad litem to investigate the best interests of the underage party and to file a report with the court addressing the factors set forth in subsection (2)(b)(II) of this section and stating a position as to whether the issuance of a marriage license to the underage party is in the underage party's best interests.

(II) The court shall consider all relevant factors, including:

(A) The wishes of the underage party;

(B) The view of the parents or legal guardians of the underage party, if known;

(C) The ability of the underage party to assume the responsibilities of marriage;

(D) The circumstances surrounding the marriage; and

(E) The ability of the underage party to manage the underage party's financial, personal, social, educational, and nonfinancial affairs independent of the underage party's intended spouse both during the marriage or upon dissolution of the marriage.

(3) The district court or the juvenile court, as the case may be, shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization, being section 14-2-109.

Source: L. 73: R&RE, p. 1018, § 1. C.R.S. 1963: § 90-1-8. L. 87: IP(1) amended, p. 815, § 15, effective October 1. L. 98: (1)(b) amended, p. 1394, § 31, effective February 1, 1999. L. 2019: (1) and (2) amended, (HB 19-1316), ch. 380, p. 3420, § 2, effective August 2. L. 2021: (1) amended, (SB 21-059), ch. 136, p. 712, § 18, effective October 1.

ANNOTATION

Law reviews. For comment, "Adoptive Sibling Marriage in Colorado: Israel v. Allen", see 51 U. Colo. L. Rev. 135 (1979).