(2)
A person, other than a child, who contravenes subsection (1),
commits an offence and shall be liable, on conviction, to a fine
not exceeding XXX or to a term of imprisonment not exceeding
XXX, or to both. (insert offence and penalty clause according to style
used in, and sentencing policy of, Member State)
(3)
Where it is proved to a court that a child was, at the time the
betrothal or marriage was contracted, living or dependant on a
person, the court shall consider the parental relationship as an
aggravating circumstance. (This provision may need to be amplified
to make clear in some jurisdictions that the penalty imposed shall be
higher/stiffer)
18.
Legitimacy of offspring of prohibited child marriage
(1)
From the commencement of the law, every offspring of a
prohibited marriage shall be deemed to be a legitimate child for
all legal, judicial or administrative purposes.
(2)
Every offspring of a prohibited marriage shall enjoy the same
rights and responsibilities as those of a legitimate child for all
legal, judicial and administrative purposes.
19.
Voidable child marriage
(1)
Every child marriage contracted before the commencement of the
law, shall be voidable at the option of(a)
one party or both parties to the marriage, where one party
was a child or both parties were children at the time the
marriage was contracted;
(b)
a child to the marriage, where the child is married to an
adult person;
(c)
an adult person to the marriage, where the adult person is
married to a child;
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