§ 51-2.1. Marriage of certain underage parties. - North Carolina Statutes

§ 51‑2.1.  Marriage ofcertain underage parties.

(a)        If an unmarriedfemale who is more than 14 years of age, but less than 16 years of age, ispregnant or has given birth to a child and the unmarried female and theputative father of the child, either born or unborn, agree to marry, or if anunmarried male who is more than 14 years of age, but less than 16 years of age,is the putative father of a child, either born or unborn, and the unmarriedmale and the mother of the child agree to marry, the register of deeds isauthorized to issue to the parties a license to marry; and it shall be lawfulfor them to marry in accordance with the provisions of this Chapter, only aftera certified copy of an order issued by a district court authorizing themarriage is filed with the register of deeds. A district court judge may issuean order authorizing a marriage under this section only upon finding as factand concluding as a matter of law that the underage party is capable ofassuming the responsibilities of marriage and the marriage will serve the bestinterest of the underage party. In determining whether the marriage will servethe best interest of an underage party, the district court shall consider thefollowing:

(1)        The opinion of theparents of the underage party as to whether the marriage serves the bestinterest of the underage party.

(2)        The opinion of anyperson, agency, or institution having legal custody or serving as a guardian ofthe underage party as to whether the marriage serves the best interest of theunderage party.

(3)        The opinion of theguardian ad litem appointed to represent the best interest of the underageparty pursuant to G.S. 51‑2.1(b) as to whether the marriage serves thebest interest of the underage party.

(4)        The relationshipbetween the underage party and the parents of the underage party, as well asthe relationship between the underage party and any person having legal custodyor serving as a guardian of the underage party.

(5)        Any evidence that itwould find useful in making its determination.

There shall be a rebuttablepresumption that the marriage will not serve the best interest of the underageparty when all living parents of the underage party oppose the marriage. Thefact that the female is pregnant, or has given birth to a child, alone does notestablish that the best interest of the underage party will be served by themarriage.

(b)        An underage partyseeking an order granting judicial authorization to marry pursuant to thissection shall file a civil action in the district court requesting judicialauthorization to marry. The clerk shall collect court costs from the underageparty in the amount set forth in G.S. 7A‑305 for civil actions indistrict court. Upon the filing of the complaint, summons shall be issued inaccordance with G.S. 1A‑1, Rule 4, and the underage party shall beappointed a guardian ad litem in accordance with the provisions of G.S. 1A‑1,Rule 17. The guardian ad litem appointed shall be an attorney and shall begoverned by the provisions of subsection (d) of this section. The underageparty shall serve a copy of the summons and complaint, in accordance with G.S.1A‑1, Rule 4, on the father of the underage party; the mother of theunderage party; and any person, agency, or institution having legal custody orserving as a guardian of the underage party. The underage party also shallserve a copy of the complaint, either in accordance with G.S. 1A‑1, Rule4, or G.S. 1A‑1, Rule 5, on the guardian ad litem appointed pursuant tothis section. A party responding to the underage party's complaint shall servehis response within 30 days after service of the summons and complaint uponthat person. The underage party may participate in the proceedings before thecourt on his or her own behalf. At the hearing conducted pursuant to thissection, the court shall consider evidence, as provided in subsection (a) ofthis section, and shall make written findings of fact and conclusions of law.

(c)        Any party to aproceeding under this section may be represented by counsel, but no party isentitled to appointed counsel, except as provided in this section.

(d)        The guardian adlitem appointed pursuant to subsection (b) of this section shall represent thebest interest of the underage party in all proceedings under this section andalso has standing to institute an action under G.S. 51‑2(c). Theappointment shall terminate when the last judicial ruling rendering theauthorization granted or denied is entered. Payment of the guardian ad litemshall be governed by G.S. 7A‑ 451(f). The guardian ad litem shall make aninvestigation to determine the facts, the needs of the underage party, theavailable resources within the family and community to meet those needs, theimpact of the marriage on the underage party, and the ability of the underageparty to assume the responsibilities of marriage; facilitate, when appropriate,the settlement of disputed issues; offer evidence and examine witnesses at thehearing; and protect and promote the best interest of the underage party. Infulfilling the guardian ad litem's duties, the guardian ad litem shall assessand consider the emotional development, maturity, intellect, and understandingof the underage party. The guardian ad litem has the authority to obtain anyinformation or reports, whether or not confidential, that the guardian ad litemdeems relevant to the case. No privilege other than attorney‑clientprivilege may be invoked to prevent the guardian ad litem and the court fromobtaining such information. The confidentiality of the information or reportsshall be respected by the guardian ad litem, and no disclosure of anyinformation or reports shall be made to anyone except by order of the court orunless otherwise provided by law.

(e)        If the lastjudicial ruling in this proceeding denies the underage party judicialauthorization to marry, the underage party shall not seek the authorization ofany court again under this section until after one year from the date of theentry of the last judicial ruling rendering the authorization denied.

(f)         Except asotherwise provided in this section, the rules of evidence in civil cases shallapply to proceedings under this section. All hearings pursuant to this sectionshall be recorded by stenographic notes or by electronic or mechanical means.Notwithstanding any other provision of law, no appeal of right lies from anorder or judgment entered pursuant to this section. (2001‑62, s. 3.)