(750 ILCS 5/205) (from Ch. 40, par. 205)
Sec. 205. Exceptions.
(1) Irrespective of the results of
laboratory tests and clinical examination relative to sexually transmitted
diseases, the clerks of the respective counties shall issue a
marriage license to parties to a proposed marriage (a) when a
woman is pregnant at the time of such application, or (b) when
a woman has, prior to the time of application, given birth to a child born out of wedlock which is living at the time of such application
and the man making such application makes affidavit that he is the
father of such child born out of wedlock. The county clerk shall, in lieu
of the health certificate required hereunder, accept, as the case
may be, either an affidavit on a form prescribed by the State
Department of Public Health, signed by a physician duly licensed
in this State, stating that the woman is pregnant, or a copy of
the birth record of the child born out of wedlock, if one is available
in this State, or if such birth record is not available, an affidavit
signed by the woman that she is the mother of such child.
(2) Any judge of the circuit court within the county in which the
license is to be issued is authorized and empowered on joint
application by both applicants for a marriage license to waive
the requirements as to medical examination, laboratory tests, and
certificates, except the requirements of paragraph (4) of subsection (a)
of Section 212 of this Act which shall not be waived; and to authorize
the county clerk to issue the license
if all other requirements of law have been complied with and the judge
is satisfied, by affidavit, or other proof, that the examination or
tests are contrary to the tenets or practices of the religious creed
of which the applicant is an adherent, and that the public health and welfare
will not be injuriously affected thereby.
(Source: P.A. 94-229, eff. 1-1-06.)
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