PAC Rejects Reforms That
Would Prohibit Marriages
By Proxy
The reforms to the
Código de Familia hit
another snag last night
with the announcement by
legislator, Olivier
Pérez, of the Partido
Acción Ciudadana (PAC),
that his party will
oppose the changes that
would prohibit marriages
by proxy and sanction
notaries and lawyers who
take part in mock civil
marriages.
According to Pérez, the
initiative presented by
the president of the
Legislative Assembly,
Francisco Antonio
Pacheco of the PLN and
legislator Evita
Arquedas, an
independent, is an
occurrent.
Pérez said he objects to
the change as the reform
to the current law
allowing marriages by
proxy is an important
social function of
benefit to Costa Ricans
who live outside the
country and want to tie
the knot with their
distant partner.
The legislator added
that so far no one has
presented statistics
that shows that the
majority of marriages by
proxy provisions is
being used by criminals
intending to obtain
Costa Rican residency.
The PAC presented a
motion that it send the
legislation to a
sub-commission. However,
the motion was rejected
and the legislation will
be on the agenda of the
commission for full
discussion beginning
next week.
Arguedas argues that it
has been proven,
including reports from
the Dirección General de
Migración y Extranjería
(Costa Rican immigration
service) that hundreds
of foreigner criminals
have used the marriage
by proxy provision to
legalize their status in
the country.
"The practice is used to
allow the trafficking
and exploitation of
women", said Arguedas
defending her bill, who
added that she hopes the
legislators of the PAC
will change their
opinion.
A proxy marriage is a
marriage in which either
the bride or the groom
is not physically
present for the wedding.
During the solemnization
of the marriage, based
upon a power of
attorney, a stand-in, or
proxy, acts on behalf of
one of the parties.
It was common for
European monarchs and
nobility to be wed by
proxy marriage. A famous
example of this is the
marriage of Napoleon I
of France to Marie
Louise, Duchess of
Parma.
Countries like Mexico
and Paraguay offer proxy
marriages for a fee.
Proxy marriages are
illegal in all US states
except California,
Colorado, Texas and
Montana. In California,
it was legalized in 2004
and is only available to
members of Armed Forces
currently deployed and
unable to attend a
service.
In Costa Rica, reports
of Colombian and other
foreigners using proxy
marriage to escape
justice in their country
and legalize their stay
in Costa Rica have been
common, where lawyers or
notaries charge fees in
the thousands of dollars
to complete the required
paperwork to have the
marriage legally
registered in the
country.
The immigration service,
for the most part is
well aware that proxy
marriages are being used
by foreigners for the
sole purpose of
obtaining entry into
Costa Rica and then
legal residency,
however, it is
prohibited from
investigating such
marriages.
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