(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; Page 50 of 78

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