AB 2128, as amended, Achadjian. Marriage.
Existing law allows a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage to enter into that marriage by the appearance of an attorney inbegin delete fact.end deletebegin insert fact, commissioned and empowered in writing for that purpose through a power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by 2end insertbegin insert officers of the United States Armed Forces.end insert
This bill wouldbegin delete remove the requirement that the member of the Armed Forces of the United States be serving in a conflict or war.end deletebegin insert
provide that the completion of the power of attorney is the sole determinant as to whether the county clerk’s office or State Registrar will accept the power of attorney.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 420 of the Family Code is amended to
2read:
(a) No particular form for the ceremony of marriage is
4required for solemnization of the marriage, but the parties shall
5declare, in the physical presence of the person solemnizing the
6marriage and necessary witnesses, that they take each other as
7spouses.
8(b) Notwithstanding subdivision (a), a member of the Armed
9Forces of the United States who is stationed overseas
andbegin insert serving
10in a conflict or a war andend insert is unable to appear for the licensure and
11solemnization of the marriage may enter into that marriage by the
12appearance of an attorney in fact, commissioned and empowered
13in writing for that purpose through a power of attorney. The
14attorney in factbegin delete mustend deletebegin insert shallend insert personally appear at the county clerk’s
15office with the party who is not stationedbegin delete overseas,end deletebegin insert overseasend insert and
16present the original power of attorney duly signed by the
party
17stationed overseas and acknowledged by a notary or witnessed by
18two officers of the United States Armed Forces. Copies in any
19form, including by facsimile, are not acceptable. The power of
20attorney shall state the full given names at birth, or by court order,
21of the parties to be married, and that the power of attorney is solely
22for the purpose of authorizing the attorney in fact to obtain a
23marriage license on the person’s behalf and participate in the
24solemnization of the marriage. The original power of attorney shall
25be a part of the marriage certificate upon registration.begin insert The
26completion of a power of attorney shall be the sole determinant
27as to whether the county clerk’s office and the State Registrar will
28accept the power of attorney.end insert
29(c) begin deleteNo end deletebegin insertA
end insertcontract of marriage, if otherwise duly made, shallbegin insert notend insert
30 be invalidated for want of conformity to the requirements of any
31religious sect.
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