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Introduction and Law Summary
North Carolina statute G.S. 51-2.1 deals with marriage between “certain underage parties,” namely an unmarried female between the ages of 14 and 16 who is either pregnant or has given birth, and the father of the child who is unmarried and between the ages of 14 and 16. This law goes through different requirements for the marriage to happen which I will now go in to detail about. For easier referencing, the law was written in reference to one individual of the marriage and will be referred to as “the underage party.”
If the underage party agrees to be married then the register of deeds is authorized to issue them a license to marry. If the party meets the requirements within this chapter, he/she may only marry after a certified copy of an order issued by a district court authorizing the marriage is filed with the register of deeds. G.S. 51-2-1(a). A district court judge may only issue an order authorizing a marriage within this section after verifying through means of fact and law that the party in question is capable of assuming the responsibilities of marriage. Also that the marriage will be in the best interest of the underage party.
The district court judge has five considerations to reflect on when deciding whether the marriage is in the best interest of the underage party. The judge must consider the opinion(s) of the parents of the underage party. Also, “any person, agency, or institution that has legal custody or serves as a guardian of the underage party” must be heard. Furthermore, the views held by the guardian ad litem1 on the subject shall be heard. The judge must consider the relationship between the underage party and his/her parents and/or the relationship between the underage party and those having legal custody or serving as a guardian. The judge may use any other applicable evidence useful in deciding a verdict. It should be know that it is assumed that the marriage of the underage party will not serve their best interest when all living parents of that party oppose the marriage. Just because the female is pregnant, or has given birth, does not mean that marriage will be in the underage party’s best interest. G.S. 51-2.1(a) 1-5.
The underage party is allowed to be represented by counsel but is not entitled to counsel except in the form of a guardian ad litem. The guardian ad litem appointed will represent the best interest of the underage party in all proceedings. They shall investigate into as whether or not there is suitable environment to harbor a beneficial marriage. If it arises, the ad litem will settle disputes. It is his/her responsibility to evaluate the mental stability and maturity of the underage party. He/she has the ability to aquire information that they believe is important but must keep that information confidential unless by order of the court or by law. G.S. 51-1.2(c-d).
If the marriage is denied the underage party will not seek authorization of any court for marriage for one full year. All normal and usual rules of evidence will be followed in court hearings. The events of the court hearings will “be recorded by stenographic notes or by electronic or mechanical means.” G.S 51-1.2(e-f).
Why was this law created?
It is my firm belief that why this law was created is simple and logical. I believe that there came a time when the legislators were presented a situation where a child between the ages of 14 and 16 became pregnant. Now being that the current law said that one must be 18 and unmarried to be eligible for marriage, I believe that the parents of the pregnant girl and the father’s parents wanted the two to marry because of social rituals and unspoken laws. Now because there was enough evidence to suggest that the two could reasonably take on the responsibility of a marriage, and the current legislating body believed in the same social rituals and unspoken bylaws, they allowed the marriage to occur. Because of this, the governing body had to draw up a law that would allow such a marriage to occur.
My Position on the Existence of the Law
In today’s society, I believe this law should be repealed and taken off the books. A child of that age has none or at most very few of the qualifying qualities of character listed in the statute. There are so many other factors which make the ability for children of that age to marry absolutely absurd. Allow me to elaborate.
The subjects in question are children, not even old enough to be legal adults. With that fact come many stipulations. For instance, the education level at that age could not provide a living for the couple, let alone the couple with a child. Even if both parents worked full time, there would not be enough money to pay for all expenses. There are power bills, possibly car payment(s), car maintenance, rent, food, and clothing to be considered. The income brought in would not even begin to cover it. That sort of environment is no place to raise a child.
Also, they can not possess a bank account independently because of age. Without a bank account, one can not pay bills or establish credit. Without a credit record, one can not take out a mortgage or loan in general. This complicates the expense of life even more.
They are still trying to figure out who they are, not even finished with adolescence. Throwing in a marriage and all of the responsibilities that comes with it would be more than any child between 14 and 16 years old could logically handle. They can not be expected to take care of and provide for another human being when they do not know how to take care of themselves fully.
Conclusion
This law was obviously created for a purpose. Whatever that original reason was, it is my opinion that it does not apply today. It probably has not been used in a great deal of time and just takes up space. The only productive quality it may have is the historical perspective it presents in showing the cultural values of the time. Given that some of those values may still exist today, it is logically not feasible for qualifiers of this law to be a positive part of society.
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