Romanian Lawmakers Argue Over Draft Civil Code Provision On Marriage Between People Under 16

After several discussions on the matter, commission president, democrat liberal lawmaker Daniel Buda proposed to move on to the next article of the draft Civil Code and leave the stipulation regarding marriage between minors as it is.

Despite criticism, lawmakers did move on to discuss the following article.

The controversial stipulation refers to an exception from the rule which states a marriage between minors younger than 16 is declared null. The article in the draft Civil Code states the marriage remains valid if spouses turn 18 by the time a court gives a final ruling or the couple has or is expecting children.

Lawmakers argued that a situation might arise where the marriage of a 13 year-old girl would be accepted as valid if she had a baby or is pregnant. They added the article would prompt ethnic Romas to continue to marry their children at very young ages and force them to have children.

One lawmaker said the provision encourages underage children to have babies. Moreover, Romania has institutions for child protection and Romania shouldn’t legalize marriages between people under 16 to protect children that result from such relationships.

On the other hand, another lawmaker said the law needs to protect an underage wife who is pregnant or gave birth in case, for instance, the marriage was based on false documents.

 

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