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Insidecostarica.com - San José, Costa Rica  -     Wednesday 24 January 2007

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Marriages Of Minors Under 15 Banned
The deputies of the Legislative Assembly passed in first reading last night a law that would prohibit those less than 15 years of age from marrying.

The law would reform the Código de Familia (Family Code) once it passes second reading which is expected within the coming week.

The vote was unanimous by the 51 legislative deputies present during yesterday's session.

The reform would make it impossible for a notary public to register a marriage with the Registro Civil (Civil Registry) when one or both of the parties is under the age of 15.

The law reform will also impede the parental consent provisions of the Family Code, that would stipulate that "a person under the age of 15 is absolutely incapabale of personally being obligated for acts or contracts, unless specifically determined by law".

According to legislative deputy and former ombudsman, José Manuel Echandi, many of the marriages that involve a minor under the age of 15 are done so to hide sexual abuses.

Under the existing law, parents of minors must give consent to any marriage. Echandi added that many parents of minors give consent to a marriage to avoid the shame of sexual abuse sufferd by the minor. The new law would eradicate this social problem, the legislator said.

For her part, Partido Acción Cuidadana (PAC) deputy, Andrea Morales, and president of the Comisión de la Juventud y la Niñez, assures that the initiative comes from the point of impeding sexual abuse of children. "The possibility of underhanded sexual exploitation of those under the age of 15 is being eliminated with the obstacle of being able to register the marriage", said Morales.

Though no details were released, the reformed law would heavily sanction notaries public and lawyers who participate in marriages where a minor under the age of 15 is involved.

In the United States, the states of New York, New Mexico, Misouri, Minnesota, Michigan and Hawaii for example, allow the marriage of those under the age of 15 as long as they have written consent of a parent or guardian and the consent of a court judge.


 



 

 
   

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