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File #: 24-033    Version: 1 Name: FAMILY PLANNING AND MODERNIZATION ACT
Type: Legislative Act Status: Tabled in Committee
File created: 4/10/2024 In control: RULES COMMITTEE
On agenda: 4/25/2024 Final action:
Enactment date: Enactment #:
Title: AN ACT AMENDING TITLE 43 OF THE CHEROKEE NATION CODE ANNOTATED AND TO FURTHER ADOPT THE FIRST MODERN DAY CHEROKEE NATION FAMILY PLANNING AND DISOLUTION CODE
Sponsors: Dora Patzkowski, Sasha Blackfox-Qualls, Danny Callison, Julia Coates, Joe Deere, Mike Dobbins, Kevin Easley Jr., Lisa Hall, Johnny Kidwell , Daryl Legg, Codey Poindexter, Joshua Sam, Mike Shambaugh, Melvina Shotpouch, E. O. "JR." Smith, Candessa Tehee, Victoria Vazquez
Indexes: Dissolution , Divorce, Family Planning
Code sections: Title 43 - Mariage and Family
Related files: LA-26-04, CNCA-43
Title
AN ACT AMENDING TITLE 43 OF THE CHEROKEE NATION CODE ANNOTATED AND TO FURTHER ADOPT THE FIRST MODERN DAY CHEROKEE NATION FAMILY PLANNING AND DISOLUTION CODE
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the Family Planning and Modernization Act and codified as Title 43 Sections 1 through 601-903 of the Cherokee Nation Code Annotated.

Section 2. Purpose

To amend Title 43 of the Cherokee Nation Code Annotated, and to further adopt the first modern day Cherokee Nation family planning and dissolution code. Chapter 5, titled Office of Child Support Services (43 CNCA ? 500-518), is unaffected by this Act and shall remain in full force and effect until further legislation is enacted.

Section 3. Legislative History

Legislative Act 26-04

Section 4. Definitions

For purposes of this Title: As specifically set out in "Section 5. Substantive Provisions" contained herein.

Section 5. Substantive Provisions

TITLE 43

MARRIAGE AND FAMILY

CHAPTER 1

GENERAL PROVISIONS



? 1. Definition of Marriage
? 2. Consanguinity

Marriages between ancestors and descendants of any degree, of a stepfather with a stepdaughter, stepmother with stepson, between uncles and nieces, aunts and nephews, except in cases where such relationship is only by marriage, between brothers and sisters of the half as well as the whole blood, and first cousins are declared to be incestuous, illegal and void, and are expressly prohibited. Provided, that any marriage of first cousins performed in another state authorizing such marriages, which is otherwise legal, is hereby recognized as valid and binding in this state as of the date of such marriage.
? 3. Persons Having Capacity to Marry

A. Any unmarried person who is at least eighteen (18) years of age and not otherwise disqualified is capable of contracting and consenting to marriage.
B. 1. Except as otherwise provided by this subsection, no person under the age o...

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