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91_SB0889
LRB9105816WHpr
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 203, 204, and 205.
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 203, 204, and
7 205 as follows:
8 (750 ILCS 5/203) (from Ch. 40, par. 203)
9 Sec. 203. License to Marry. When a marriage application
10 has been completed and signed by both parties to a
11 prospective marriage and both parties have appeared before
12 the county clerk and the marriage license fee has been paid,
13 the county clerk shall issue a license to marry and a
14 marriage certificate form upon being furnished:
15 (1) satisfactory proof that each party to the marriage
16 will have attained the age of 18 years at the time the
17 marriage license is effective or will have attained the age
18 of 16 years and has either the consent to the marriage of
19 both parents or his guardian or judicial approval; provided,
20 if one parent cannot be located in order to obtain such
21 consent and diligent efforts have been made to locate that
22 parent by the consenting parent, then the consent of one
23 parent plus a signed affidavit by the consenting parent which
24 (i) names the absent parent and states that he or she cannot
25 be located, and (ii) states what diligent efforts have been
26 made to locate the absent parent, shall have the effect of
27 both parents' consent for purposes of this Section;
28 (2) satisfactory proof that the marriage is not
29 prohibited; and
30 (3) a certification an affidavit or record as prescribed
31 in subsection (2) subparagraph (1) of Section 204 205 or a
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1 court order as prescribed in subsection subparagraph (2) of
2 Section 205, if applicable.
3 With each marriage license, the county clerk shall
4 provide a pamphlet describing the causes and effects of fetal
5 alcohol syndrome.
6 (Source: P.A. 86-832; 86-884; 86-1028.)
7 (750 ILCS 5/204) (from Ch. 40, par. 204)
8 Sec. 204. Blood tests; medical information brochure.
9 (1) Not more than 30 days before applying for a marriage
10 license, the parties to a prospective marriage shall submit
11 to tests for evidence of exposure to transmissible syphilis
12 and human immunodeficiency virus (HIV) and any other
13 identified causative agent of acquired immunodeficiency
14 syndrome (AIDS). The tests must be of types that have been
15 approved by the Department of Public Health. The tests must
16 be performed in Department of Public Health laboratories or
17 in laboratories approved by the Department of Public Health.
18 (2) The laboratory shall provide to each party the
19 results of the tests performed on that party and also the
20 results of the tests performed on the other party. The
21 laboratory shall certify to the appropriate county clerk that
22 the tests were performed on the parties and that the results
23 were provided to each party, but the certification to the
24 county clerk shall not indicate the test results.
25 (3) The county clerk shall distribute free of charge, to
26 all persons applying for a marriage license, a brochure
27 prepared by the Department of Public Health concerning
28 sexually transmitted diseases and inherited metabolic
29 diseases.
30 (Source: P.A. 86-884.)
31 (750 ILCS 5/205) (from Ch. 40, par. 205)
32 Sec. 205. Exceptions.
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1 (1) (Blank). Irrespective of the results of laboratory
2 tests and clinical examination relative to sexually
3 transmitted diseases, the clerks of the respective counties
4 shall issue a marriage license to parties to a proposed
5 marriage (a) when a woman is pregnant at the time of such
6 application, or (b) when a woman has, prior to the time of
7 application, given birth to an illegitimate child which is
8 living at the time of such application and the man making
9 such application makes affidavit that he is the father of
10 such illegitimate child. The county clerk shall, in lieu of
11 the health certificate required hereunder, accept, as the
12 case may be, either an affidavit on a form prescribed by the
13 State Department of Public Health, signed by a physician duly
14 licensed in this State, stating that the woman is pregnant,
15 or a copy of the birth record of the illegitimate child, if
16 one is available in this State, or if such birth record is
17 not available, an affidavit signed by the woman that she is
18 the mother of such child.
19 (2) Any judge of the circuit court within the county in
20 which the license is to be issued is authorized and empowered
21 on joint application by both applicants for a marriage
22 license to waive the requirements as to medical examination,
23 laboratory tests, and certificates, except the requirements
24 of paragraph (4) of subsection (a) of Section 212 of this Act
25 which shall not be waived; and to authorize the county clerk
26 to issue the license if all other requirements of law have
27 been complied with and the judge is satisfied, by affidavit,
28 or other proof, that the examination or tests are contrary to
29 the tenets or practices of the religious creed of which the
30 applicant is an adherent, and that the public health and
31 welfare will not be injuriously affected thereby.
32 (Source: P.A. 89-187, eff. 7-19-95.)